GoogWiz.com - Terms of Use

1. ACCEPTANCE

GoogWiz.com provides a collection of online resources, including classified ads, forums, information services and various other services, (referred to hereafter as the “Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular GoogWiz.com services, you agree to abide by any applicable posted guidelines for all GoogWiz.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines or any subsequent modifications thereto or become dissatisfied with GoogWiz.com in any way, your only recourse is to immediately discontinue the use of GoogWiz.com

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.GoogWiz.com/Terms.aspx

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds or other materials (collectively, the "content") posted on, transmitted through or linked from the service, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item ("item") of content that you post, email or otherwise make available via the service. You understand that GoogWiz.com does not control and is not responsible for content made available through the service and that by using the service, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the GoogWiz.com site and content available through the service may contain links to other websites, which are completely independent of GoogWiz.com. GoogWiz.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of content, that you may not rely on said content and that under no circumstances will GoogWiz.com be liable in any way for the use of any content posted, emailed or otherwise made available via the service. You acknowledge that GoogWiz.com does not pre-screen or approve content, but that GoogWiz.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the service, for violating the letter or spirit of the tou or for any other reason. In addition, you understand that the content may be considered sexually explicit. If you find these materials offensive, you may not want to use our website.

4. THIRD PARTY CONTENT, SITES and SERVICES

The GoogWiz.com site and Content available through the Service may contain features and functionalities that link you or provide you with access to third party content which is completely independent of GoogWiz.com, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services and the Internet as a whole. Your interaction with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GoogWiz.com shall not be responsible or liable for loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site or between users and any third party, you understand and agree that GoogWiz.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GoogWiz.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

5. CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please notify GoogWiz.com’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at http://www.GoogWiz.com/Contact.aspx or:

GoogWiz.com
Corporation Trust Center
1209 Orange Street
Wilmington, Deleware, 19801
USA

Please provide our Agent with the following Notice:

a) Identify the material on the GoogWiz.com site that you claim is infringing, with enough detail so that we may locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury that
   (1) the above information in your Notice is accurate and
   (2) that you are owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number and email address; and

e) Your physical or electronic signature.

6. PRIVACY AND INFORMATION USE

GoogWiz.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following Web address: http://www.GoogWiz.com/Privacy.aspx. Your use of the GoogWiz.com website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that GoogWiz.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps and other users information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g., phone number, street address) of a third-party has been posted or transmitted without their consent or as of harassment; protect the rights, property or personal safety of GoogWiz.com, its users or the general public.

7. USE OF SITE AND SERVICES

You agree not to post, email or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or (ii) bestiality or (iii) masturbation or (iv) sadistic or masochistic abuse or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hatful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

d) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

e) that, without GoogWiz.com’s express prior approval, contains advertising or any solicitation with respect to products or services; further, such material shall only be posted in areas of the GoogWiz.com sites which are designed for such purposes;

f) that, without GoogWiz.com’s express prior approval, advertises or performs any commercial solicitation, including, but not limited to, the solicitation of users to become members of other online communities or websites that are competitive with GoogWiz.com;

g) that impersonates any person or entity, including, but not limited to, a GoogWiz.com employee or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about you or another person;

i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or Content that you do not have a right to make available under any law or under contractual or fiduciary relationship;

j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New York law;

k) 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;

l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service or that otherwise negatively affects other users ability to use the Service; or

m) that employs misleading email addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

a) contact anyone who has asked not to be contacted;

b) "stalk" or otherwise harass anyone;

c) collect personal data about other users for commercial or unlawful purposes;

d) use automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Service – unless expressly permitted by GoogWiz.com;

e) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

f) post the same item or service in more than one classified category or forum or in more than one metropolitan areas; or

g) attempt to gain unauthorized access to GoogWiz.com’s computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of, the Service or the GoogWiz.com website; or y) use any form of automated device or computer program that enable the submission of postings on GoogWiz.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in link or for automatic submission of postings at regular intervals.

8. POSTING AGENTS

GoogWiz9. NO SPAM POLICY

We may update this policy at any time, with updates taking effect when you next post or after 30 days, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company and this other company shall be entitled to share your personal information with other companies but at all times otherwise respecting your personal information in accordance with this policy.

10. PAID POSTINGS AND SERVICES

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. Also, we may charge a fee to provide paid services in some areas of the Service. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

11. LIMITATION ON SERVICE

You acknowledge that GoogWiz.com may establish limits concerning use of the Service, including the amount of Content that will be retained by the Service, the maximum number and size of postings, email messages or other Content that may be transmitted or stored by the Service and the frequency with which you may access the Service. You agree that GoogWiz.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that GoogWiz.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that GoogWiz.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

GoogWiz.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use in a limited way. This license does not include:

(a) access to the Service by Posting Agent; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders or similar data gathering and extraction tools for any purpose unless expressly permitted by GoogWiz.com.

A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose Internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset off classified listings such as jobs, housing, for sale, services or personals or which is in the business of providing classified ad listing services. GoogWiz.com permits you to display on your website or create a hyperlink on your website to, individual posting on the Service so long as such use is for noncommercial an/or news reporting purposes only (e.g., for use in personal Web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by GoogWiz.com to do so. You may also create a hyperlink to the home page of GoogWiz.com sites so long as the link does not portray GoogWiz.com, its employees or its affiliates in a false, misleading, derogatory or otherwise offensive manner. GoogWiz.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog or view postings through third party software news aggregators. GoogWiz.com permits you to display, excerpt from and link to the RSS feeds on your personal website or personal Web blog, provided that

(a) your use of the RSS feed is for personal, non-commercial purposes only,

(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,

(c) you provide, adjacent to the RSS feed, proper attribution to "GoogWiz.com" as the source,

(d) your use or display does not suggest that GoogWiz.com promotes or endorses any third party causes, ideas, Web sites, products or services,

(e) you do not redistribute the RSS feed and (f) your use does not overloads GoogWiz.com’s systems. GoogWiz.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of Service beyond the scope of authorized access granted to you by GoogWiz.com immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GoogWiz.com.

13. TERMINATION OF SERVICE

You agree that GoogWiz.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice and remove and discard any Content within the Service, for any reason, including, without limitation, if GoogWiz.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that GoogWiz.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GoogWiz.com and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any aspect of the Service. Although GoogWiz.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant and you represent and warrant that you have the right to grant, to GoogWiz.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of or incorporate into other works, said Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant GoogWiz.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

GoogWiz.COM DOES NOT represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the SITE by any user, information provider or any other person or entity. YOU AGREE THAT USE OF THE GoogWiz.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GoogWiz.COM SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GoogWiz.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY and PERFORMANCE OF THE GoogWiz.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GoogWiz.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GoogWiz.COM SITE OR THE SITES OR SERVICE or ACCESSED THROUGH ANY LINKS ON THE GoogWiz.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GoogWiz.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GoogWiz.COM SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

16. GENERAL DISCLAIMER

The contents of this site AND ALL INFORMATION AND DATA AVAILABLE OR ACCESSIBLE THEREFROM are for informational and educational purposes only AND IS NOT intended to be a substitute for professional psychological, psychiatric or medical advice, diagnosis or treatment. IN THE EVENT THAT YOU ARE EXPERIENCING ANY ACUTE EMOTIONAL, PHYSICAL OR OTHER TRAUMA IT IS RECOMMENDED THAT YOU seek the advice of your physician or other qualified mental health provider. NOTHING CONTAINED ON THE SITE SHALL BE CONSTRUED OR OTHERWISE DEEMED AS A MEDICAL OR PSYCHIATRIC DIAGNOSIS. GoogWiz.COM CAUTIONS YOU AGAINST IGNORING, DELAYING OR AVOIDING professional medical advice because of something you have read on our site. If you think you may have a medical emergency, call your doctor or 911 immediately. GoogWiz.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on our website. Reliance on any information provided by GoogWiz.com or by any person or professional appearing on our website is solely at your own risk.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GoogWiz.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GoogWiz.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GoogWiz.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GoogWiz.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE GoogWiz.COM SITE OR THE SERVICE or THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION or TERMINATION OF THE GoogWiz.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GoogWiz.COM SITE OR THE SERVICE OR ANY LINKS ON THE GoogWiz.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GoogWiz.COM SITE OR THE SERVICE OR ANY LINKS ON THE GoogWiz.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS ON LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. INDEMNITY

You agree to indemnify and hold GoogWiz.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein or your violation of any rights of another, including, but not limited to, disclosing personal or identifying information about you or another person on the Service.

19. GENERAL INFORMATION

The TOU constitute the entire agreement between you and GoogWiz.com and govern your use of the Service, superseding any prior agreements between you and GoogWiz.com. The TOU and relationship between you and GoogWiz.com shall be governed by the laws of New York without regard to its conflict of law provisions. You and GoogWiz.com agree to submit to the personal and exclusive jurisdiction of the court located within the county of Brooklyn, New York. The failure of GoogWiz.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any of the TOU 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 TOU remain in full force and effect.

20. VIOLATION OF TERMS

Please report any violations of the TOU, by flagging the posting(s) for review or by emailing to: http://www.GoogWiz.com/contact.aspx. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.