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ACCEPTANCE OF TERMS
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT
GOVERNS YOUR USE OF YELLOW PAGES SOFT, EPHONEBOOK.NET, ONLINEYELLOWPAGES.COM, WEBBUILDER.COM, AND DIRECTMAILADVERTISING.COM
HEREINAFTER REFERRED TO AS "YPBS" CONTENT AND
INFORMATION. YOU MUST AGREE TO THE TERMS AND CONDITIONS OF OUR
WEBSITES TERMS OF USE AND END-USER LICENSE AGREEMENT, WHICH
INCLUDES THE YPBS PRIVACY POLICY (COLLECTIVELY, THE
"AGREEMENT"), AS WELL AS ALL OTHER POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE IN THIS AGREEMENT, BEFORE DOWNLOADING,
INSTALLING, REGISTERING FOR, VIEWING OR USING YPBS'S
WEBSITES AND/OR INFORMATION. THE AGREEMENT IS A BINDING
AGREEMENT BETWEEN YOU AND YPBS.
YPBS, (doing business as and referred to herein as "YPBS")
offers a browser toolbar product and service, the Web Search
Tools ("Service") and related software, and other services
through its website's. The Services, the related Software, the
information provided by YPBS through its own website and from
third parties, and any other YPBS product or service is referred
to collectively as the "Service." YPBS, is a
Nevada Corporation and is located at 47 Broad Street - 2nd
Level, Bridgewater, Massachusetts 02324.
BY DOWNLOADING, INSTALLING, REGISTERING FOR, VIEWING OR USING
THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND
THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ALL TERMS AND
CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT
DOWNLOAD, INSTALL, REGISTER FOR, VIEW OR USE THE SERVICE.
IMPACT OF SERVICE ON YOUR BROWSER AND COMPUTER
By installing the Service, you understand and agree that the
following changes may be made to your Internet Explorer browser
and that the following functions may be performed by the
Service: install a Search Toolbar in your browser which may (i)
block certain pop-up ads and pages; (ii) display links to
related websites and keywords based on the information you view
and the websites you visit; (iii) store non-personally
identifiable statistics of the websites you have visited; (iv)
redirect certain URL's including your browser default address
bar search, DNS error page and Search Button page to or through
the Service and; (v) automatically update the Service and
install added features or functionality conveniently without
your input or interaction unless you have chose to be notified
of such update in advance.
If at anytime you wish to remove the Service, you can remove it
through the Add/Remove Programs menu in your Microsoft Windows
control panel. To uninstall your Search Toolbar, please do the
following:
1. Click on the Start button and select Settings and then
Control Panel. If you are running Microsoft XP, you can go
directly to the Control Panel from the Microsoft Windows Start
button.
2. When the Control panel window opens, double-click on the
Add/Remove Programs Icon.
3. When the Add/Remove Programs Properties window opens, locate
the listing for 'Search Toolbar' that you would like to
uninstall from the list of installed programs.
4. Click once on the program to be uninstalled and then click on
the Add/Remove button and follow the instructions.
CHANGES TO THIS AGREEMENT
YPBS may change any of the terms and conditions contained in
this Agreement, including the Privacy Policy and other policies
and guidelines governing the Service, at any time in its sole
discretion.
NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON
YPBS'S WEBSITE OR ON THE SERVICE BEFORE THEY BECOME EFFECTIVE.
YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE
CHANGES.
YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY
CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT
CONTINUE TO USE THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH
CHANGES AND UNINSTALL ALL YPBS SOFTWARE.
PROPRIETARY RIGHTS
Intellectual Property and Copyright Infringement Notice
The Service is controlled and operated by YPBS, a Nevada
Corporation located at 47 Broad Street - 2nd Level, Bridgewater,
Massachusetts 02324. The Service, and all materials on the
Service including code, images, text, illustrations, logos,
audio and video files (collectively "intellectual property"),
are protected by copyrights, trademarks, service marks, or other
proprietary rights which are either owned by YPBS, or owned by
other parties who have licensed their intellectual property to
YPBS. The compilation (meaning the collection, arrangement, and
assembly) of all materials on the Service is the exclusive
property of YPBS and protected by U.S. and foreign laws and
international copyright treaties. Material from the Service and
from any other Service owned, operated, controlled, or licensed
by YPBS may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way. Use or
modification of YPBS's intellectual property in any form,
including but not limited to use on any other website or
networked computer environment, without express written
authorization is a violation of YPBS's copyrights and other
proprietary rights and is strictly prohibited.
Notification and Procedure for Making Claims of Copyright
Infringement
You may notify YPBS if your work has been copied in a way that
you believe constitutes copyright infringement. In compliance
with the
Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2), YPBS has designated a Copyright
Agent to receive any such notification. YPBS's management team
may be contacted at:
YPBS.com
Attn: Copyright Division
P O
Box 600
Bridgewater, MA.
02324-0600
If you wish to notify YPBS Copyright Agent of a claim of
copyright infringement, please provide written notice. Your
notice must contain the following information:
1. A physical or electronic signature of the person authorized
to act on behalf the copyright owner;
2. Identification or description of the copyrighted work you
claim has been infringed;
3. Identification or description of the work you believe is
infringing on your copyrighted work and enough information to
assist YPBS in locating the allegedly infringing work;
4. Your address, telephone number, and email address;
5. A statement that you have a good faith belief that the use by
the person you believe has infringed on your copyright is not
authorized by the copyright owner, its agent, or the law;
6. Your statement, made under penalty of perjury, that the
information contained in your notification is accurate, and that
you are the copyright owner or are authorized to act on the
owner's behalf.
Trademarks
YPBS, YPBS.com and other YPBS logos, page headers, button icons,
scripts, and service names are trademarks and/or trade dress of
YPBS or its affiliates. None of YPBS's or its affiliates'
trademarks may be used in connection with any product or service
that is not YPBS's or its affiliates', in any manner that is
likely to cause confusion among users, or in any manner that
disparages or discredits YPBS, or its affiliates.
Software License
The proprietary software associated with all of the
YPBS Services
("Software"), which shall be deemed to include any enhancements
or modifications thereto and any related documentation, is a
copyrighted and proprietary creation. Subject to your compliance with all of the
terms and conditions of this Agreement, and in consideration of
you promises reflected in this Agreement, YPBS grants to you a
personal, nonexclusive, non-assignable and non-transferable
license to download, install and use the Software to and on a
single computer and to use the Software solely to use the
Service as permitted under this Agreement. All rights not
expressly granted to you by the foregoing sentence are reserved
by YPBS. Without limiting the generality of the foregoing, you
may not modify, distribute, sublicense, rent, lease, or create
derivative works based on the Software or any part thereof. You
may not reverse engineer, decompile or disassemble the Software.
You may not copy the Software other than to make one copy of the
Software for back-up purposes. You may not use the Software for
any commercial purpose other than in connection with the Service
and as permitted hereunder, and not in the operation of a
service bureau or for the benefit of any other person or entity,
and you may not transfer, sell, assign or convey it to another
party without YPBS's prior written consent. You shall maintain
all copyright notices, trademark notices, and other proprietary
notices on the Software. You have no ownership rights in the
Software. Rather, You have a license to use the Software
pursuant to the terms of this Agreement. Title, ownership
rights, and intellectual property rights in and to the Software
and related documentation remain in YPBS.
Other Licenses
Your Grant
By entering into this Agreement and/or using the Service, or
posting any Submission (defined below) you grant YPBS and its
affiliates a perpetual, nonexclusive, world-wide, royalty-free,
irrevocable and fully sub-licensable right and license to store,
copy, modify, translate, distribute, display and otherwise use
any of your submissions, and any or all information contained
therein, for any purpose whatsoever, including, but not limited
to, in marketing or advertising materials, and to exercise all
copyright and rights of publicity over the material displayed in
your submissions, in any existing or future media, now known or
later developed. You also waive any "moral rights" or rights of
attribution or integrity in such content. You are not entitled
to any compensation for such use. You also grant YPBS and its
affiliates and sublicenses the right to use your nickname,
handle and/or
any identifying information that you submit with your
submissions.
YPBS Grants
Subject to your compliance with all the terms and conditions of
this Agreement, and in consideration of your promises reflected
in this Agreement, YPBS grants to you a limited license to make
personal use of the Service. This license expressly excludes,
without limitation, any resale, modification, or commercial use
of the Service or any portion thereof or any submissions and
making any derivative works based upon or distributing or
copying the Service or any submissions, except as expressly
permitted hereunder. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information of YPBS and its affiliates without express written
consent of YPBS. You may not use any meta-tags or any other
"hidden text" utilizing the name or trademarks of YPBS and its
affiliates without the express written consent of YPBS and its
affiliates. Any unauthorized use terminates the permission or
license granted by YPBS in this paragraph.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless YPBS and its
affiliates, and each of their officers, directors, employees,
agents, representatives, information providers and licensors,
from any claims, costs, losses, damages, judgments and expenses,
including but not limited to reasonable attorney's fees,
relating to or arising out of any breach of this Agreement or
any use of the Service by you, or by any other person using the
Service through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT OF THE SERVICE IS YOURS AND YOURS ALONE. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, YPBS AND ITS AFFILIATES
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER YPBS NOR ANY OF
ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS,
EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE
SERVICE, INCLUDING ITS CONTENT, WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE
ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE
SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED,
ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES,
"WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE
ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY
SUBMISSION, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR
ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (V) THE
AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY
PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE
SERVICE; (VI) ANY IMPLIED WARRANTY ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE; AND (VII) AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE IS
NO INFRINGING. YPBS AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU
HEREBY WAIVE AND RELEASE YPBS AND ITS AFFILIATES FROM, ANY AND
ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE
SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE,
PASSIVE OR IMPUTED) OF YPBS OR ITS AFFILIATES. IF YOU PURCHASE A
PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR
OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY SUBMISSION,
AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE
YPBS AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS,
DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT ANY
SOFTWARE OR OTHER CONTENT 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 SUCH SOFTWARE AND/OR CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL YPBS OR ANY OF ITS
AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM
OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON,
INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE
ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY
INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE
OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING
BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE
WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED
THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED,
PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE
SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
ONLY PERSONS 18 AND OLDER ARE ELIGIBLE TO USE YPBS SERVICES
You must be eighteen years or older to download, register for,
or use the Service. By using the Service, you warrant to YPBS
that you are fourteen years or older. In addition, parents or
guardians of children fourteen years or older should be aware
that the Service is designed to appeal to a broad audience.
Accordingly, it is your responsibility to determine whether any
portion of the Service is inappropriate for your child.
USER AND OTHER THIRD PARTY CONTENT
"Submissions" are postings authored by you or another user of
the Service through, and/or uploaded to, the YPBS's Services.
You are responsible for anything you post in any Submission. All
submissions must be accurate and truthful. You may not post in
any Submission material that you know or reasonably should know
to be false or materially misleading, or that is libelous,
defamatory, obscene, vulgar, abusive, harassing, threatening, or
otherwise objectionable, or that is solely commercial in nature,
or that invades a person's privacy, infringes another person's
intellectual property rights, or otherwise violates any law or
regulation. YPBS is not responsible for, and does not represent
or endorse the accuracy or reliability of, any opinion, advice,
statement, recommendation or other information included in any
Submission posted on the Service. Any reliance by you on any
such opinion, advice, statement, recommendation or other
information in a Submission shall be at your sole risk. You
acknowledge that transmission to and from the Service is not
confidential and your submissions may be read or intercepted by
others. Without limiting the foregoing, YPBS retains the right
but not obligation in its absolute and sole discretion to
screen, edit, or delete any Submission or other content
displayed, uploaded to, distributed, or otherwise published
through the Service and to prevent or restrict access to the
Service for any reason, including to purge submissions, or take
any other action to restrict access to or availability of
material.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and
others to use the Service, you may do so only through methods
that are consistent with the terms and conditions of your own
Internet service provider as well as prevailing standards of
acceptable Internet use and behavior. In particular, you may not
use the Service, name, trademarks, or other intellectual
property of YPBS in conjunction with the sending of unsolicited
email, or cause to be used YPBS's equipment, network
connectivity, or other resources to originate, deliver, relay,
or otherwise transmit unsolicited email messages. You may not
engage in any of these prohibited activities by using the
service of any other provider, third-party agent, re-mailing
service, or address forwarding service, in such a way that
YPBS's network addresses or YPBS-hosted Web or email services
are in any way identified as being associated with the sending
of unsolicited email. Other prohibited methods of advertising or
promoting your involvement with YPBS include multiple postings
of messages to Usenet newsgroups, mailing lists, chat rooms
(including IRC, AIM, ICQ, or other interactive chat services) or
other online forums. Incidents of "spamming" or similar
inappropriate behavior should be reported to YPBS's Webmaster
via Email.
ACCESS TO YPBS SERVICE
To use the Service, you must provide all your own equipment to
establish a connection to the Internet and provide for your own
access, including paying any fees.
YPBS may change, suspend, terminate or discontinue any aspect of
the Service at any time, including the availability of any
feature, database, or content. YPBS may also impose limits on
certain features or restrict your access to parts or all of the
Service without notice or liability. Upon YPBS's determination,
in its sole discretion, that you have violated this Agreement,
the law, or any of the policies and guidelines incorporated in
this Agreement, YPBS shall terminate your access to the Service
without notice.
OTHER WEBSITES TO WHICH YPBS SERVICE LINKS
AND/OR REFER
The world wide web changes constantly, and no technique can ever index all
web pages. As a result, YPBS cannot guarantee
the completeness or accuracy of the websites or URLs to which YPBS's Service link or refer. Further, the process of including
websites in YPBS's Service is largely automatic. YPBS does not
screen the websites included in the Service, and these other
websites are maintained by persons over whom YPBS exercises no
control. For these reasons, YPBS assumes no responsibility for
the content of any website or URL included in the Service and is
not responsible for errors or omissions or for offensive or
objectionable content contained on any website or URL included
in the Service.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
The Service may be used only for lawful purposes and in a lawful
manner and in compliance with the Agreement including YPBS's
policies and guidelines incorporated by reference in this
Agreement. You agree to comply with all applicable laws and
regulations. YPBS has the right, but not the obligation, to
monitor any Submission, activity, and content associated with
the Service. YPBS may investigate any reported violation of its
policies and take any action it deems appropriate, including
terminating your access to the Service without notice. Any of
the following, without limitation, would be a violation of the
Agreement and YPBS's policies and guidelines, and upon YPBS's
determination, in its sole discretion, that you have engaged in
any of the following, YPBS shall terminate your access to the
Service without notice, and to the extent applicable, remove, or
disable access to, any material that is in violation of the
following or claimed to be infringing or to be the subject of
infringing activity. Accordingly, you expressly represent,
warrant and covenant that you shall not upload, post or transmit
to or distribute or otherwise publish through the Service any
materials which (i) restrict or inhibit any other user from
using and enjoying the Service, (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iii)
constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate law,
(iv) violate, plagiarize or infringe the rights of third parties
including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right,
(v) contain a virus or other harmful component, or (vi)
constitute or contain false or misleading indications of origin
or statements of fact. YPBS may report any activity it suspects
violates any law or regulation to appropriate law enforcement
officials, regulators, or other third parties. To cooperate with
governmental requests, to protect YPBS's systems and users, to
ensure the integrity and operation of YPBS's business and
systems, or in response to subpoenas, court orders, or legal
requirements, YPBS may access and disclose any information it
considers necessary or appropriate, including user contact
details, IP addressing and traffic information, posted content,
and Web usage paths. By using the Service you expressly consent
to the foregoing use and disclosure.
APPLICABLE LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia and the Federal
Arbitration Act, without giving effect to any principles of
conflicts of laws, and you hereby consent to the personal
jurisdiction of the state and federal courts of Nevada.
ARBITRATION
You and YPBS agree any and all disputes and claims relating in
any way to this Agreement (including the arbitrability of any
claim or dispute and the enforceability of this paragraph), with
the exception set forth in the next paragraph, shall be
submitted to and resolved by means of confidential arbitration
conducted in the Commonwealth of Nevada. The
arbitration shall be conducted under the then prevailing
Commercial Arbitration Rules of the
American Arbitration
Association (AAA). You and YPBS may litigate in court only to
compel arbitration under this Agreement or to confirm, modify,
vacate or enter judgment on the award rendered by the
arbitrators. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the
application of which is hereby excluded. To the fullest extent
permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other current or
former user of the Service, whether through class arbitration
proceedings or otherwise. However, to the extent you have in any
manner violated or threatened to violate YPBS's intellectual
property rights, YPBS may seek injunctive or other appropriate
relief in any state or federal court in the Commonwealth of
Massachusetts, and you consent to exclusive jurisdiction and venue in
such courts.
GENERAL PROVISIONS
Entire Agreement
This Agreement, which includes the YPBS Privacy Policy,
constitutes the entire agreement of the parties with respect to
the subject matter hereto and supersedes and cancels all prior
and contemporaneous agreements, claims, representations and
understandings of the parties in connection with the subject
matter, hereof, oral or written.
Severability
If any provisions of this Agreement shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining
provisions.
No Waiver
YPBS's failure to enforce the strict performance of any
provision of this Agreement will not constitute a waiver of
YPBS's right to subsequently enforce such provisions or any
other provisions of this Agreement. No waiver of any provision
of this Agreement shall be effective unless in writing.
Survivability
All provisions of this Agreement relating to ownership of
intellectual property and proprietary rights, warranty
disclaimers, limitation of liability, and indemnification shall
survive the termination of your use or access to the Service,
for whatever reason.
Injunctive Relief
You acknowledge that your violation of the provisions relating
to intellectual property and proprietary rights may cause damage
to YPBS which is unquantifiable but nonetheless real and
irreparable. Accordingly, in the event YPBS determines in its
sole discretion that you have violated or will violate any such
provision, YPBS will be entitled to injunctive relief from a
court of competent jurisdiction restraining such violation. This
right to injunctive relief shall be cumulative and shall not
restrict or limit YPBS's ability to resort to any other remedy
available under law or equity.
Remedies
YPBS's specific remedies set forth under this Agreement for any
breach by you of this Agreement or otherwise shall be cumulative
and shall not restrict or limit YPBS's ability to resort to any
other remedy available under law or equity.
Any rights not expressly granted herein are reserved.
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