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Member Testimonials How it works? Take a tour About Contact Oodalay Help & Glossary Service Agreement The following Terms and Conditions of Use (the "Agreement") constitutes an agreement between you and Oodalay, Inc., 105 Serra Way # 341, Milpitas, CA 95035, ("Oodalay"), operator of Oodalay.com (the "Site"). By using the Site, you agree to be bound by and accept the terms of this Agreement. Oodalay may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon Oodalay except as expressly agreed in writing signed by an authorized agent of Oodalay. Please read this Agreement carefully. This Agreement limits Oodalay's liability and may substantively affect your rights. 1. Site Content Oodalay publishes information provided to it by third parties including individual user profiles, user-created messages and images, user-created bulletin board (forum) listings, user-created classified advertisements, and the like ("Listings"). Oodalay is not affiliated with any party providing Listings, is not involved in any transactions between users of the Site regarding Listings, and acts only as a venue for Listings. Oodalay does not warrant the truth or accuracy of Listings contained on the Site. Oodalay uses its best efforts to ensure the accuracy of all information not contained in Listings ("Non-Listing Content") that is provided by Oodalay. You agree to release and hold harmless Oodalay for any damages arising out of false or inaccurate content contained on the Site, whether such content is contained in Listings or Non-Listing Content. Oodalay may alter without prior notice to you any Listing which in its opinion is false, inaccurate or materially misleading on its face. Oodalay may remove without prior notice to you any material from any Listing which in its sole opinion is profane or offensive to other users of the Site. You hereby grant Oodalay an irrevocable, world-wide, non-exclusive, perpetual license to any idea, information, material or works that you submit to Oodalay whether or not for publication on the Site, including but not limited to information, materials or works that you submit to Oodalay as part of any Listing, profile, survey response or feedback questionnaire or unsolicited email. You are solely liable for the content of any information, material or works that you submit to Oodalay, and agree to indemnify and hold harmless Oodalay for any damages or actions arising out of such information, material or works you submit. 2. Offsite Links The Site may contain links to world wide web content which is not a part of the Site. You agree and acknowledge that Oodalay is not responsible for such content. 3. Use of the Site Use of this site is restricted to individuals 18 years of age or older. Use of and access to the Site is limited by the terms of this Agreement. You agree: Not use any robot, spider, scraper or other automated means to access the Site for any purpose without Oodalay's express written permission. Not to take any action that imposes, or may impose in Oodalay's sole discretion, an unreasonable or disproportionately large load on Oodalay's servers or other infrastructure or to interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site. Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site, including but not limited to "framing" Site content within another site, except for your own reasonable personal use, without the prior express written permission of Oodalay. To use the Site only for personal, non-commercial use. To use the Site only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Site. Not to advertise products or services or solicit any user of the Site, except in user-created classified advertisements posted in the appropriate area of the Site, whether or not such advertising or solicitation is in the form of unrequested bulk commercial e-mail. 4. Termination of Use Oodalay may at its sole discretion terminate or limit your use of the Site for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in Oodalay's sole opinion adversely impacts the operation of the Site. Oodalay may so terminate or limit your use of the Site without prior notice to you. If such termination or limitation is for reasonable cause, Oodalay will not be obligated to refund any fees paid by you. 5. Privacy To review Oodalay's complete privacy policy you can go here [Privacy Policy]. 6. Intellectual Property The Site contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Site. "Oodalay" and "Oodalay.com" are trademarks of Oodalay, Inc. Site Content and Site layout are copyright Oodalay, Inc. The visual appearance of the Site is protected trade dress of Oodalay, Inc. under 15 U.S.C. ยง 1125 et seq. 7. Services Oodalay provides services in connection with the Site, including but not limited to publication of Listings and user profiles, blogs, bulletin board (forum) discussions, user messaging. Oodalay will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Oodalay for any damages arising out of your use of the Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Site. During Oodalay's Beta (test program) all services will remain free. You may incur fees for using certain services ("Fee-Based Services") provided by Oodalay. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay Oodalay all fees charged by Oodalay for Fee-Based Services you elect to access. 8. Warranties OODALAY HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITE. 9. Dispute Resolution Any dispute arising out of use of the Site or this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of California and agree not to bring any action against Oodalay in any other jurisdiction. Nothing in this Agreement shall limit the rights of Oodalay to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.
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