Surf2Phone Terms of Use and Notices
Last updated: April 2006
AGREEMENT BETWEEN YOU AND ALTERNATIVE TECHNOLOGY LABS
Surf2Phone is a service operated by Alternative Technologies Labs, LLC ("AltTechLabs") that enables you to receive device-based notifications according to settings you define and control.
For convenience, we will refer to the content on http://surf2phone.com as the "Surf2Phone Web Site" and the services available as part of Surf2Phone Alerts as the "Surf2Phone Service".
These Terms of Use constitute a legal agreement between you and AltTechLabs. In order to access and use the Surf2Phone Service, you must accept all of the terms, conditions, and notices contained in these Terms of Use without modification. If you do not accept these Terms of Use in their entirety, you may not access or use the Surf2Phone Service or Web Site.
Portions of the Surf2Phone Service may be governed by theSurf2Phone Privacy Statement, posted guidelines, rules, or other terms and conditions, all of which are incorporated by reference into these Terms of Use. In the event of a conflict between any posted guidelines, rules, or terms and conditions and these Terms of Use, the Terms of Use shall control. However, in the event of a conflict between the Surf2Phone Privacy Statement and these Terms of Use, any posted guidelines, rules, or other terms and conditions, the Surf2Phone Privacy Statement shall control with respect to the subject matter covered by such privacy policy.
MODIFICATION OF THESE TERMS OF USE
AltTechLabs may update or change the terms, conditions and notices for the Surf2Phone Service from time to time to reflect changes in the Surf2Phone Service, changes in the laws affecting the Surf2Phone Service, or for other good reasons. You understand that AltTechLabs reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Surf2Phone Service after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Surf2Phone Service shall be subject to the Terms of Use, as modified from time to time.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the Surf2Phone Service for your own personal and non-commercial purposes. You must enter into a different legal agreement with AltTechLabs if you wish to offer the Surf2Phone Service to users of your own application, web site or web service.
PRIVACY AND PERSONAL INFORMATION
AltTechLabs agrees that it will only use your personal information that it has obtained in connection with the Surf2Phone Service in accordance with the terms of the Surf2Phone Privacy Statement.
INTERACTION WITH THIRD PARTY SITES AND SERVICES
The Surf2Phone Service may allow you to interact with third-party web sites and web services ("Link(s)"). The Links are not under the control of AltTechLabs and AltTechLabs is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. In addition, AltTechLabs is not responsible for any form of transmission received from any Link, nor is AltTechLabs responsible if the Link is not working appropriately. AltTechLabs is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by AltTechLabs of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.
You are solely responsible for any dealings with third parties (including advertisers) who support the Surf2Phone Service or are identified in the web pages that are part of the Surf2Phone Web Site, including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Surf2Phone Service, you agree that you will not use the Surf2Phone Service for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the Surf2Phone Service in any manner that could damage, disable, overburden, or impair the Surf2Phone Service or interfere with any other party's use and enjoyment of the Surf2Phone Service. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Surf2Phone Service or Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Surf2Phone Service or Web Site.
TERMS OF USE FOR SURF2PHONE SERVICE PARTICIPATING PROPERTIES
These Terms of Use apply to you whenever you access or use any Surf2Phone Service. When you use the Surf2Phone Service in connection with any Surf2Phone participating site or service, the terms and conditions associated with that participating site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you use.
SOFTWARE AND CONTENT AVAILABLE ON THE SURF2PHONE WEB SITE
All content that is made available to view and/or download from the web pages that are part of the Surf2Phone Web Site is owned by and is the copyrighted work of Surf2Phone and/or its suppliers.
LIABILITY DISCLAIMER
AltTechLabs AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE Surf2Phone SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AltTechLabs AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AltTechLabs AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Surf2Phone SERVICE, WITH THE DELAY OR INABILITY TO USE THE Surf2Phone SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE Surf2Phone SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE Surf2Phone SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AltTechLabs OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Surf2Phone SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Surf2Phone SERVICE.
CUSTOMER SUPPORT
AltTechLabs provides information about how to use the Surf2Phone Service on the web pages that are part of the Surf2Phone Web Site. If you have any questions about the Surf2Phone Service or any problems that you would like to report, please direct them to Customer Support (http://surf2phone.com/contactus).
AltTechLabs reserves the right, in its sole discretion, to terminate your access to the Surf2Phone Service or any portion thereof at any time, without notice.
GENERAL
These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Surf2Phone Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AltTechLabs as a result of these Terms of Use or use of the Surf2Phone Service.
AltTechLabs may assign these Terms of Use, in whole or in part, at any time. AltTechLabs' performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of AltTechLabs' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Surf2Phone Service or information provided to or gathered by AltTechLabs with respect to such use. You agree to indemnify and hold AltTechLabs, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Surf2Phone Service. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and AltTechLabs with respect to the Surf2Phone Service and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AltTechLabs with respect to the Surf2Phone Service. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
INTELLECTUAL PROPERTY NOTICES
All contents of the Surf2Phone Web Site are: Copyright © 2006 Alternative Technologies Laboratory, LLC. All rights reserved.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
AltTechLabs may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Surf2Phone Service, including the web pages that are part of the Surf2Phone Service. Except as expressly provided in these Terms of Use, the provision of the Surf2Phone Service and the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
