WA Search TERMS of service

Free Download Tybit Search

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WAserach.us, WAcommerce.org & tyBit, Inc. (“tyBit”) welcome you to its search engine.  By using this search engine application(s) (“tyBit Services”), YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE and PRIVACY POLICY, as amended from time to time, and all disclaimers, terms and conditions that appear elsewhere on this application.   You agree that any changes made to this Terms of Service will be effective as of the date posted to this page.            

Legal and Enforceable Online Contract

 By accepting these TERMS OF SERVICE, including but not limited to its PRIVACY POLICY, BY EITHER CLICKING THE “ACCEPT THESE TERMS” BUTTON OR USING THE TYBIT SEARCH ENGINE, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH tyBit, AND ACCEPT THESE TERMS AND CONDITIONS AS STATED IN THIS “TERMS OF SERVICE” TO GOVERN YOUR USE OF THIS SEARCH ENGINE.

 18 Years of Age to Use    

To use this search engine, you must be 18 years of age or older.  Any offers of sale presented through this search engine are only intended for individuals who are 18 years of age or older.  By using this search engine or purchasing goods or services from the use of the tyBit Services, you affirm that you are 18 years of age or older.        

This search engine is not directed for use by children. This search engine is intended for use by adults who are 18 years of age or older.  If a parent or guardian elects to allow a child under the age of 13 years old to utilize this search engine, then such parent or guardian agrees that it has provided its consent to tyBit to allow tyBit to use its technology while its child is utilizing this search engine.                

Content Linked to by tyBit

 The sites displayed as search results or linked to by tyBit Services are developed by people over whom tyBit exercises no control. The search results that appear from tyBit's indices are indexed by tyBit's automated machinery and computers, and tyBit cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using tyBit Services may produce search results and links to websites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a tyBit search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the tyBit Services.

 No Automated Querying

 You may not send automated queries of any sort to tyBit's system without express permission in advance from tyBit. Note that "sending automated queries" includes, among other things:

 ·         using any software which sends queries to TyBit to determine how a website or webpage "ranks" on tyBit for various queries;

·         "meta-searching" tyBit; and

·         performing "offline" searches on tyBit.

 Please do not write to tyBit to request permission to "meta-search" tyBit for a research project, as such requests will not be granted.

Purchases

Any purchase of services or products originated from your use of this search engine shall be governed in accordance to the purchasing policies of those website in which you made your purchase.  , including but not limited to tyBit and its affiliates’ pricing, sales tax, payment, order acceptance/confirmation. Pease review such policies prior to using or making purchases at their websites.

Product Display/Colors   

tyBit attempts to display product images shown on through this search engine as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using or the color settings for your computer.

Advertisement Errors      

Advertisement errors will be corrected where discovered, and tyBit reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.               

Venue and Applicable Law             

This search engine was created and is operated by tyBit in the State of North Carolina, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of either Wake or Cumberland Counties, North Carolina including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of North Carolina will also govern the Privacy Policy without giving effect to any principles or conflicts of laws.              

Legal Notices     

Original material which tyBit posts on this search engine is protected by intellectual property laws.  Copyright © 2007 tyBit, Inc., All Rights Reserved, tyBit™.  Patent-pending for tyBit’s search engine and other applications.  You are hereby granted a non-exclusive license to use tyBit Application (“Content”), but only while utilizing the tyBit Application.  You are also granted a limited license to print copies of any Content posted on tyBit Application, but only for your personal use.  Except as expressly provided herein, tyBit reserves all rights to its intellectual property.  Among other things, except to the extent required for the limited purpose of reviewing materials on the tyBit Application, any electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited.  Commercial use of any of the Content is strictly prohibited.  Except as expressly provided herein, use of any copyright, patent or trademark of tyBit also is strictly prohibited. 

 Privacy

 tyBit’s technology provides a method and program for its advertisers and partners to distribute their marketing materials contained within this search engine to you while receiving valuable and accurate feedback on what you think is interesting.  Our technology enables us to determine (i) your geographic location from either the zip code that you provide to tyBit when installing tyBit’s search engine and/or other applications onto your computer or through your GPS of your mobile device; (ii) your age and income if you voluntarily submit it to tyBit; (iii) your search terms or interactive behavior with our search engine; (iv) your purchasing behavior; (v) your computer location through your unique computer IP address; (vi) source of the information sought by you during your search; and (vii) the age of your results data (collectively, “Shared Information”).  More importantly, our technology obtains the Shared Information anonymously without obtaining your identity or any other personal identifiable information of you.  The Shared Information is sorted by unique computers, rather than unique users.

 For a better understanding of the privacy philosophies of tyBit and how they use, share and secure the Shared Information, please visit tyBit’s Privacy Policy page.  tyBit’s Privacy Policies are automatically a part of and incorporated into these Terms of Service.

 Security

You are prohibited from violating or attempting to violate the security of the search engine application and corresponding websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using the search engine or website for unintended purposes or trying to change the behavior of the search engine or website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the search engine application or website, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the search engine application or website (impersonating the search engine application or website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of tyBit, including promotions and/or advertising of products or services, is expressly prohibited.            

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the search engine application and website or any activity being conducted on search engine application or website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the search engine or website other than the search engine and search agents provided by tyBit or generally publicly available browsers.        

Damages

In no event shall tyBit, or their affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Limitation of Liability and Disclaimers

By using this search engine, you expressly agree that your use of this search engine is at your sole risk. This search engine is provided on an “AS IS” and “as available” basis. Neither tyBit nor their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this search engine will be uninterrupted or error-free. Neither tyBit nor their Associates warrant the accuracy, integrity or completeness of the content provided on this search engine or the products or services offered for sale on this search engine. Further, tyBit makes no representation that content provided on this search engine is applicable to, or appropriate for use in, locations outside of the United States.  tyBit and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by tyBit or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.       

Under no circumstances shall tyBit or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this search engine, including but not limited to reliance by you on any information obtained from this search engine that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of tyBit has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, your data stored by tyBit, goods or servicesavailable through this search engine. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

tyBit reserves the right to make changes to search engine and its TERMS OF SERVICE and PRIVACY POLICY at any time. Each time you use this search engine, you must visit and review the then current TERMS OF SERVICE and PRIVACY POLICY that apply to your use and transaction of this search engine. If you are dissatisfied with this search engine, its content or TERMS OF SERVICE and PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the search engine.              

Tampering with the tyBit Application, misrepresenting the identity of a user or buying agents, using software to manipulate the tyBit Application in any way, or conducting fraudulent activities through use of the tyBit Application are prohibited.

Contact Information for tyBit

·         tyBit’s Website address is:  www.tyBit.com

The mailing address for tyBit is: tyBit, Inc., 421 Maiden Lane, Fayetteville, NC 28301.

·         The telephone number for tyBit is: (877) 404-7250. 

·         The e-mail address to contact tyBit is:  info@tyBit.com

Terms of Service Agreement Updates

These Terms of Service were last updated on October 1, 2007.  Any changes made to these Terms of Service will be effective as of the date posted to this page.