Terms of Service for PhoneSpell.org and related websites
Welcome! By using or using any content or service provided
under the internet domain phonespell.org, phonespell.com,
phonespell.net, and/or spellphone.com or any other domain that hosts
this terms of service agreement (collectively the "PhoneSpell Website"
or "PhoneSpell Services"), you agree to be bound by the following terms
and conditions (the "Terms of Service"). "Nuru" refers to PhoneSpell
LLC, Nuru, LLC and their officers and members. Words such as "we",
"our" and "us" refer to Nuru. PhoneSpell is a registered trademark of
Nuru, LLC.
Advertisements and External Links on the PhoneSpell Website
The sites linked to from the PhoneSpell Website, whether in an
advertisment or otherwise, are developed by people over whom
Nuru exercises no control. All of the PhoneSpell Services are
free for personal, non-commercial use and any services for which a fee
is charged is provided by a third party who bears full responsibility
for the goods and services paid for.
Personal Use Only
The PhoneSpell Services are made available for your personal,
non-commercial use only. You may not use the PhoneSpell Services to
sell a product or service, or to increase traffic to your Web site for
commercial reasons, such as advertising sales. You may not take the
results from a PhoneSpell search and reformat and display them, or
mirror any content of the PhoneSpell Website on your Web
site. You may not "meta-search" the PhoneSpell Website. If you want to
make commercial use of the PhoneSpell Services, you must enter into an
agreement with Nuru to do so in advance. Please contact us for more
information.
If you are interested in adding a PhoneSpell search box to your web site
or your company's web site, please contact us for more information.
No Automated Querying
You may not send automated queries of any sort to Nuru's system(s)
without express permission in advance from Nuru. Note that "sending
automated queries" includes, among other things:
*formulating queries to be submitted to one or more of the PhoneSpell
Services by any method other than manually typing them individually;
*using any device to submit more than one query to one or more of the
PhoneSpell services without human interaction;
*"meta-searching" the PhoneSpell Website and/or the PhoneSpell Services; and
*performing "offline" searches on the PhoneSpell Website and/or the
PhoneSpell Services.
Changes In Terms and Conditions and PhoneSpell Search Service
We may modify or terminate our services from time to time, for any
reason, and without notice, including the right to terminate with or
without notice, without liability to you, any other user or any third
party. We reserve the right to modify these Terms of Service from time
to time without notice. Please review these Terms of Service from time
to time so that you will be apprised of any changes.
Disclaimer of Warranties
Nuru disclaims any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, or operability
or availability of information or material displayed on the PhoneSpell
Website, including PhoneSpell Services results. Nuru disclaims any
responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material. Nuru disclaims any
responsibility for any harm resulting from downloading or accessing
any information or material on the Internet through the PhoneSpell
Website or PhoneSpell Services.
THE PHONESPELL WEBSITE, PHONESPELL SERVICES, AND ALL MATERIALS,
INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PHONESPELL SERVICES
ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. NURU AND ITS
LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NURU
AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PHONESPELL
SERVICES. NURU AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE PHONESPELL SERVICES. NURU
AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PHONESPELL SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE PHONESPELL SERVICES, AS WELL AS FOR
ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE
PHONESPELL SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE PHONESPELL SERVICES AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NURU OR ITS LICENSORS BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE
PHONESPELL SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR
THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF NURU OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PHONESPELL
SERVICES, FROM INABILITY TO USE THE PHONESPELL SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PHONESPELL SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PHONESPELL
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PHONESPELL
SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE PHONESPELL SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PHONESPELL SERVICES. THIS LIMITATION SHALL ALSO
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL
FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF
THE PHONESPELL SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, THE PHONESPELL SERVICES. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Nuru or
its licensors be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance
with the laws of the State of California, without giving effect to its
conflict of laws provisions or your actual state or country of
residence. If for any reason a court of competent jurisdiction finds
any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and
effect.
These Terms of Service constitute the entire agreement between the
parties with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any
provision of the Terms of Service will be effective only if in writing
and signed by Nuru.
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