Terms of Use

Before using this WebPosition.com web site (the "Site"), please read the terms of use set forth below (the "Terms of Use") as by accessing or using this Site you agree to be bound by these Terms of Use.

InfoSpace, Inc. and its affiliates and subsidiaries ("InfoSpace", "we" or such conjugation thereof as the context may require) reserve the right to revise these Terms of Use from time to time without prior notice by posting such revised terms on the Site and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. This Site is made available for your personal, non-commercial use only. If you find the Terms of Use to be unacceptable, you are not authorized to access or use this Site or any content or material available on or through this Site.

1. No Representations Or Warranties

The products and services provided on this Site and the associated content and information, including all documents, graphics and images available on and through this Site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,

TO THE EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES, CONTENT AND INFORMATION ON THIS SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ANY AND ALL SUCH WARRANTIES TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Users of this Site should not rely upon opinions expressed on this Site when making business, financial, personal or other decisions, including the opinions of third parties expressed on this Site or on linked Web sites.

2. Privacy Policy

The information that InfoSpace obtains through your use of our Sites is subject to our privacy policy, which contains the terms and conditions that govern our collection and use of the information we collect or is provided by you and our respective rights relative to that information. By accessing and using our Sites, you agree to the terms and conditions of our Privacy Policy.

3. Notice Specific to Software and Services Available on this Site

Any software and/or service that is made available for use or download from this Site ("Software") is the copyrighted work of InfoSpace and/or its licensors. Use of the Software is governed by these Terms of Use and the terms of any end user license or terms of service agreement, if any, which accompanies or is included with the Software ("License Agreement"). In the event of any conflict or inconsistency between these Terms of Use and the License Agreement, the terms of the License Agreement shall govern. An end user may not install or use any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Any installation or use of such Software by an end user shall constitute such user’s acceptance of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER COMPUTER, SITE OR OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INFOSPACE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Restricted Rights Legend

Any Software downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and Documents by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). The U.S. Government's rights in Software and Documents, including its rights to use, modify, reproduce, release, perform, display or disclose the Software, will be subject in all respects to the commercial license rights and restrictions provided herein.

Export Control Laws

Software available on this Site is subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders. This list is subject to change and you must comply with the list as it exists in fact.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

4. Notice Specific to Information and Documents Available on this Site

Permission to use information and documents, such as white papers, press releases, datasheets and FAQs from this Site (collectively, "Documents") is granted, provided that (1) the copyright notice "© 2009 InfoSpace, Inc. All rights reserved." appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include any other content, graphics or images on the Site (except to the extent included in and as part of a Document, such as a table or chart) or the trademarks, logos, visual or audio elements, design or layout of the Site or any other Web site. All such Documents, content, graphics, images, trademarks, logos, visual or audio elements and other elements of the Site are owned by InfoSpace and/or its licensors and are protected by U.S. and international copyright, trademark, trade dress and other laws, and except for the limited permission to use Documents as expressly set forth above, may not be copied, distributed, modified, imitated or otherwise used, in whole or in part, unless expressly permitted by InfoSpace in a separate writing signed by InfoSpace specifically authorizing such use.

5. Web Site Links And Third-Party Content and Web Sites

This Site may contain links to other Web sites or content or Web sites of third parties which are independent of this Site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such content or linked Web sites, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.

Furthermore, these third party content and links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

6. Security

To the extent we provide you with an account and password in respect to this Site or the products and services available through this Site, you are solely responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

7. Limitation of Damages

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, THIS AGREEMENT OR ANY PRODUCTS, SERVICES, SOFTWARE, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER CONTENT, LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, SITE AND OTHER CONTENT AND MATERIALS.

8. Ownership

All contents of this Site are Copyright © 2009 InfoSpace, Inc. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Site and all names, terms, logos, slogans, images and other indicia identifying InfoSpace's or its third party licensors' products or services are proprietary marks belonging to InfoSpace or its third party licensors. The names of companies and products not owned by InfoSpace and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to InfoSpace, Inc. without the express written permission of InfoSpace, Inc. is strictly prohibited.

9. License

Nothing contained in this Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and except for limited permission to use the Documents as expressly set forth above, no part of this Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

10. Claims of Copyright Infringement

InfoSpace respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Site infringes on any copyright which you own or control, or that any link on this Site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Click here for more information.

11. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY PRODUCTS OR SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

12. Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

13. International Use; Export Control Laws

We do not represent that all products, services, software, content and materials on our Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

14. Integration; Severability; General

These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. These Terms of Use represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting, or additional communications. We may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of such Site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

15. Trademarks

For a list of InfoSpace trademarks, please visit here.

16. Contacting Us

For any questions or concerns you may have regarding these Terms of Use, you may send us your request via mail or complete the Contact Us form provided below.

VIA MAIL:
InfoSpace, Inc.
Legal Department, Attn: WebPosition Terms of Use
601 108th Avenue NE, Suite 1200
Bellevue, Washington 98004 USA

VIA EMAIL:
"Contact Us" request form