Internet Use:
The user understands and agrees that the Internet is not under the control
of Online Directory and that some Internet sites may offer material the
user considers to be obscene or offensive. It is agreed that Online Directory
has no responsibility for, nor any control over, any information that
may be accessed by the user, and that such materials are accessed at the
user's own risk. Limitation of
Liability: The user agrees that neither Online Directory, nor any
other person or entity involved in creating, producing or distributing
the Online Directory service shall have any liability for any direct,
indirect, incidental, special or consequential damages that (i) result,
or may result, from the use of, or inability to use the Online Directory
service; or (ii) result or may result from mistakes, omissions, interruptions,
errors, defects, viruses, libel or intellectual property infringement
by others, or delays in operation or availability, or transmissions, or
any failure of performance, whether or not occurring by negligence, force
majeure, acts of God, communications failure, destruction or unauthorized
access. In all events, Online Directory's liability shall never exceed
the amount actually paid for business subscriber listings, and claims
must be made within the three (3) month period immediately following the
claimed injury or damage. Subscriber hereby releases Online Directory
from any and all obligations, liabilities and claims in excess of the
limitations set forth in this section. This section shall apply to all
content, products and/or services available directly or indirectly through
Online Directory. Indemnification:
Subscriber agrees to indemnify Online Directory from and against any and
all liabilities, expenses (including attorney's fees) and damages arising
out of claims based upon use of subscriber's account, including any claim
of libel, defamation, violation of rights of privacy or publicity, loss
of service by other Subscribers and infringement of intellectual property
or other rights. Online Directory will notify Subscriber promptly of any
claim for which it seeks indemnification and will afford Subscriber the
opportunity to participate in the defense of such claim, providing that
Subscriber's participation will not be conducted in a manner prejudicial
to Online Directory's interests, as reasonably determined by Online Directory
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