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Services Agreement - Terms and Conditions of Service

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. BY REGESTERING YOUR WEB SITE WITH CLAYMONT AND BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to Claymont.com (the "Site" or "Claymont"). These terms and conditions of use may be changed from time to time in the future without further notice. Your continued listing in and use of this Site after any such changes constitutes your acceptance of the new terms and conditions of use. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Claymont for products, services or otherwise.

If you have any question regarding the use of the Site, please refer first to the Help section or email support@claymont.com.

Privacy Policy

Claymont respects and protects the privacy of those that use Claymont's search engine services. Claymont will not sell or provide your email address to any other company or person without your express permission and we control all e-mail delivery to ensure your privacy. Users of this Site should refer to the Claymont Privacy Policy for additional information.

Monitoring and Search Integrity

In order to ensure the integrity of search results (that sites registered with Claymont are available) Claymont has arranged at no cost to you to have InternetSeer's Web Site Monitoring Service regularly test the connectivity of your Web site. Claymont utilizes the InternetSeer Web site monitoring service (www.internetseer.com) to remotely monitor every Web site that is registered at Claymont. This allows Claymont to keep its search results accurate by removing non-responding Web sites from its directory. As part of this service, InternetSeer will monitor your Web site every hour, 24-7, and will notify you by email when your site is not responding. In addition, InternetSeer will send you a weekly report displaying the performance of your Web site. There is NO CHARGE for this service.

When you submit your site to Claymont, you receive a confirmation of your submission and subscription to the InternetSeer monitoring service. That confirmation includes an InternetSeer login name and password that allows you to manage your no cost InternetSeer account. If you do not wish to have InternetSeer monitor your Web site, you may easily opt out of this service by logging into your account at www.internetseer.com or by following the directions to cancel on any email you receive from InternetSeer.

For additional information on InternetSeer's Web Site Monitoring Service, Privacy Policy and the Service Agreement Terms and Conditions visit www.internetseer.com.

User Conduct And Obligations

In using the Claymont Site and services, you agree:

1.      Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites

2.      Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites

3.      Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files

4.      Not to use or attempt to use another's account, service or system without authorization from Claymont, or create or use a false identity on this Site

5.      Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings

6.      Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States laws, that relate to your use of or activities on this Site.

Claymont takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Claymont reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Claymont and its affiliates and parties with whom Claymont has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

In exchange for Claymont providing services without charge, you agree to provide Claymont with accurate and complete information through registration and activation forms.

If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the Claymont services. If you are less than 13 years old, you are not allowed to use the Claymont service without providing your parent's consent.

During Submission Registration, you will be asked to provide the email address (login name) and you will provide a password or one will be automatically assigned which you may change.  Claymont reserves the right to verify the accuracy of the information you submit in connection with your Submission Registration and you hereby consent to Claymont's verification of such information.

You are responsible for all use of your Claymont account and member services and for the security of your login and password information.

The Claymont Services are for use of registered members only and may not be copied, resold, leased, transferred, exchanged or bartered. You must not use this service in any way that causes an unreasonable load on the system or deviates from its intended use. You must not set up any automated programs to interact or act upon our systems without prior written consent from Claymont. You must not cause an unreasonable or unwanted load on any third party systems. Upon acceptance of these terms, you have a nonexclusive license to use the Service. You agree not to modify, change, disassemble, decompile or otherwise reverse engineer any software or service provided by Claymont. You must not cause or allow robots or other automated processes to act upon or interact with Claymont’s Web site or systems or user interfaces without prior written consent from Claymont.

Claymont members and all visitors agree that all data generated by the services are for member’s use and reference only.

Claymont will not sell your email address to anyone without your express permission and we control all e-mail delivery to assure your privacy. Under no circumstances is your e-mail address ever shared with advertisers. By Registering your site at Claymont and becoming a Claymont member, you agree to receive communications from Claymont including announcements, updates and other carefully screened special offers and promotions. This is essential to maintaining certain services free to our members. If you do not wish to view and receive such communications, you may remove your email from the Claymont database by sending a request to support@claymont.com and your web site will no longer be listed in the Claymont Search Engine. You may also cancel your account by following the instructions at the end of the e-mail you receive from Claymont. If you do this, your account will automatically be terminated, your web site will no longer be registered and listed with Claymont and you will receive no further service or contact from Claymont.

Any dealings with or participation in promotions of advertisers on our Service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that Claymont shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Copyright, Copyright Policy and Copyright Agent

All Web site materials, including, without limitation, the Claymont logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright© 2000 Claymont ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Claymont.

It is Claymont's policy to respect the copyright and intellectual property rights of others. Claymont may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Claymont may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Claymont or any user of our site has infringed your copyright in any material way, please notify Claymont at support@claymont.com and provide the following information:

1.      A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest

2.      An identification of the copyrighted work claimed to have been infringed

3.      An identification of the material that you claim is infringing so that we may locate it on the site

4.      Your address, telephone number and email address

5.      A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law

6.      A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved

Trademarks

Claymont, the Claymont logo and the products and services described in this Site are either trademarks or registered trademarks of Claymont, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Claymont. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Claymont, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Claymont.

Licenses and Site Access

Claymont grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Claymont or any third party.

You may not use, frame or utilize framing techniques to enclose any Claymont trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Claymont's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Claymont name, trademark or product name without Claymont's express written consent.

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Claymont or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Claymont logo or other proprietary graphic or trademark of Claymont to link to this Site without the express written permission of Claymont. This limited right may be revoked at any time.

Claymont makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Claymont and Claymont is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Claymont is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Claymont of the site or any information contained therein. When leaving the Claymont site, you should be aware that Claymont's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy policy and practices, of that site.

Indemnification

You shall remain solely liable for the Content of any information you submit or transmit to Claymont, including any Web Site information. You agree to indemnify and hold harmless Claymont from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Claymont, or postings on this Site, are nonconfidential and shall become the sole property of Claymont. Claymont shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Claymont,  irrevocably waives any and all "moral rights" in such materials.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLAYMONT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY CLAYMONT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT CLAYMONT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, CLAYMONT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

CLAYMONT DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CLAYMONT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY CLAYMONT VIA EMAIL OR OTHER MEANS, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED THROUGH CLAYMONT LIVE!, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES CLAYMONT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CLAYMONT OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

CLAYMONT ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CLAYMONT, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

CLAYMONT DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL CLAYMONT OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING CLAYMONT OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE CLAYMONT OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF CLAYMONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of Wilmington Delaware, or the United States District Court for the District that includes Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, Claymont reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

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


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