Allestra - Terms of Service

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Allestra Corporation Terms of Service

Acceptance of Terms
Welcome to Allestra Corporation. Allestra provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us at any time with or without notice to you. You can review the most current version of the TOS anytime in the Terms of Service section of our website. In addition, when using particular Allestra services, you shall be subject to any guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

Description of Services
Allestra currently provides users with access to a variety of services including our search engine, newsletters, polls, shopping services and more; these services throughout Allestra Corporations network of properties will hereby be called the "Services". Any and all new features that enhance, modify or change the current Service, including the release of new Allestra properties, services and products shall be subject to the TOS. You understand and agree that the Services are provided "AS-IS" and that Allestra assumes no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications or personalization settings. We will try to the best of our ability to help resolve any issues that may occur.

Your Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that not true, inaccurate, not current or incomplete, or Allestra has any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Allestra has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

Member and User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and all other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Allestra, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Allestra does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Allestra be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. If Allestra finds questionable content or it is brought to our attention; Allestra will make efforts to remove, modify, change, correct or remedy the problem if we see fit, and at our sole discretion.

You agree to not use the Services to:

Violate any applicable law or regulation.
Post or transmit any Content in any way that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
Post or transmit any Content in any way that infringes a third party's intellectual property rights, rights of publicity or privacy;
Post or transmit any Content in any way that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or in any way otherwise objectionable; deemed by Allestra Corporation sole discretion at any time;
Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Tamper or in any way manipulate the postings of other Users;
Gather and use information, such as other user's email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spamming", "chain letters" or any other questionable use, per Allestra Corporation's sole discretion at any time;
Harm anyone or anything in any way at any time;
Do anything, which would create or impose an unreasonable or disproportionately large burden or load on the Site;
Post false or misleading information about any product, service or any information in any way;
Impersonate or misrepresent an entity or person; or your affiliation, or connection with any person or any entity, at any time;
Forge, falsify or mislead headers and identifiers in order to disguise the true origin of any Content transmitted through the Service;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Upload, post, email, or transmit any information in any way or otherwise make available any material 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. All individuals, groups and entities doing this will be directly responsible for any and all damages;
Intentionally or unintentionally violate any applicable local, state, national or international law at any time.

You acknowledge that Allestra does not pre-screen Content, but that Allestra and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Allestra and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable at Allestra Corporation's sole discretion at any time. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any and all Content created by Allestra or submitted to Allestra.

You acknowledge and agree that Allestra may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Allestra, its users and the public.

Content Submitted or Made Available for Inclusion
Allestra does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Allestra the following world wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit, paid or free, or make available for inclusion on publicly accessible areas of Allestra, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Allestra Corporation to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate.

Indemnity
You agree to indemnify and hold Allestra, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

No Reselling or Redistribution of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or personal purposes, any portion of the Service, use of the Service, or access to the Service at any time.

Modifications of Service
Allestra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Allestra shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of any Service at any time.

Termination
You agree that Allestra, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Allestra believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Allestra may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Allestra may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Allestra shall not be liable to you or any third-party for any termination of your access to the Service.

Online Surveys, Polls and/or Contests
Occasionally Allestra conducts an online user survey to collect information about our Users preferences. These surveys are optional and if you choose to respond, your responses will be kept anonymous. Similarly, we offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Allestra shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links and Resources
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Allestra has no control over such sites and resources, you acknowledge and agree that Allestra is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Allestra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Allestra does try, to the best of its ability to screen websites allowed onto our search engine and other areas.

Allestra Corporation Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by Allestra or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part at any time.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE/AND ARE BOUND TO:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALLESTRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ALLESTRA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLESTRA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
MAINENANCE UPGRADES MAY OCCUR THAT MAY DELAY SEARCH, VIEWING, OR SITE SUBMISSIONS. ALLESTRA WILL ALWAYS MAKE AN EFFORT TO NOTIFY SITE SUBMISSIONS WHEN AN UPGRADE WILL OCCUR. REFUNDS ARE NOT PERMITTED IN REGARD TO THESE FACTORS.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALLESTRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR TANGIBLE LOSSES OF ANY KIND (EVEN IF ALLESTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS ENTITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.

Notices
Notices to you may, or may not be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

Trademark Information
Allestra Corporation, the Allestra Corporation logo, Search with Style, Allestra!, My Allestra trademarks and service marks, and other Allestra Corporation logos and product and service names are trademarks of Allestra Corporation Inc. (the "Allestra Marks"). Without Allestra prior permission, you agree not to display or use in any manner, the Allestra Marks.

Copyrights
Allestra respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Allestra Corporation Copyright Center with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site. This should also include the URL, if applicable.
Your address, telephone number, and email address and any other pertinent contact information.
We require a statement by you that you have a good faith belief that the copyright owner, its agent, or the law does not authorize the use in question.
A statement made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Allestra Corporation Copyright Center for Notice of claims of copyright infringement on its site is:

Allestra Corporation
ATTN: Copyright Information
425 S. Chickasaw Trail #318
Orlando, FL 32825-7852

Other Contact Methods:

Allestra Support Center: http://www.allestra.com/support/

General TOS Information
The TOS constitute the entire agreement between you and Allestra and govern your use of the Service, superceding any prior agreements between you and Allestra. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Allestra shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Allestra agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware. The failure of Allestra to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Violations and/or Misuse
Please report any violations or misuse of Allestra Corporations Terms of Service to our Support Center.