NamesforLife Terms of Use Agreement

This Terms of Use Agreement ("Agreement") is a legal agreement between you and NamesforLife, LLC, ("NamesforLife", "we", "us" or "our") providing, among other things, the terms and conditions for your use of NameforLife's browser plug-in and semantic name resolution services (collectively, the "N4L Services" or "Software"), including but not limited to delivery via our Web site [http://namesforlife.com] (the "Site"), a mobile device, or otherwise.

Use of N4L Services will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply.

If you do not agree with the terms of this Agreement, do not download, install, copy or use the Software. By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement.

We may from time to time modify these terms of use and will post a copy of the amended Agreement at https://services.namesforlife.com/terms. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the N4L Services (as defined below). You will be deemed to have accepted the Agreement as amended if you continue to use any of the N4L Services after any amendments are posted on the Site.

1. Authorized Users

1.1. Authority. In order to use any of the N4L Services, you represent that you have read and understood, and that you agree to be bound by, this Agreement. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the N4L Services.

1.2. Registration. To use any aspect of the N4L Services, you are required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. NamesforLife will use your Account Information in accordance with its privacy policy [https://services.namesforlife.com/privacy]. By providing NamesforLife your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails.

1.3. Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. NamesforLife will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless NamesforLife, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

2.License to NamesforLife Services.

2.1. NamesforLife grants to you a limited, non-exclusive, non-transferable license to access and use the N4L Services. If you subscribe to any of the N4L Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the N4L Services. NamesforLife reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE N4L SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2. Updates. NamesforLife may from time to time make available to all users of the N4L Services, updates at no cost or subject to additional fees in NamesforLife's sole discretion. "Updates" means any updates, upgrades or error corrections to the N4L Services that NamesforLife makes available generally to users of the N4L Services. Notwithstanding anything else contained in this Agreement, NamesforLife will have no obligation to continue producing or releasing new versions of the N4L Services or any updates thereto.

3. Reverse Engineering.

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to NamesforLife, LLC.

4. Copyright.

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of NamesforLife, LLC, and you will not acquire any rights to the Software, except as expressly set forth above. The N4L Services are protected by copyright laws and international treaty provisions.

5. NamesforLife TRADEMARKS AND THIRD-PARTY TRADEMARKS

The following are registered trademarks or trademarks of NamesforLife: NamesforLife, and its design logo, N4L, as well as certain other NamesforLife trademarks, service marks, graphics, and logos (collectively, the "NamesforLife Trademarks") used in connection with the N4L Services. The N4L Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to NamesforLife Trademarks or the trademarks of any third party.

6. SECURITY

The N4L Services use technology to protect the digital information provided by NamesforLife from unauthorized use. Your use of the N4L Services may be limited by such technology. You acknowledge that, from time to time, NamesforLife may modify or discontinue using such technology. Security modifications made by NamesforLife may from time to time include required updates to the N4L Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

7. PRIVACY POLICY

It is important that you read and understand the terms of the NamesforLife Privacy Policy.

8. AGREEMENT TO PAY

If you elect to become a subscriber to the N4L Services, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.

9. TERM

This Agreement will remain effective until terminated by you or terminated by us.

10. DISCLAIMERS

10.1. THE NamesforLife SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS". ANY USE OF THE NamesforLife SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NamesforLife DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NamesforLife MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE NamesforLife SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND NamesforLife DISCLAIMS ANY LIABILITY RELATING THERETO.

10.2. NamesforLife MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE NamesforLife SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, NamesforLife MAY MODIFY, SUSPEND, OR DISCONTINUE THE NamesforLife SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER NamesforLife ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE NamesforLife SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

10.3. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. NamesforLife DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

10.4. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE NamesforLife SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT NamesforLife ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

11. LIMITATION OF LIABILITY

11.1. IN NO EVENT WILL NamesforLife BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF NamesforLife HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NamesforLife OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

11.2. NamesforLife's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE NamesforLife SERVICES AT ISSUE.

12. INDEMNITY

YOU WILL INDEMNIFY AND HOLD NamesforLife, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE NamesforLife SERVICES.

13. GENERAL INFORMATION

13.1. You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the N4L Services.

13.2. NamesforLife or its business partners may present advertisements or promotional materials via the N4L Services. Your dealings with, or participation in promotions of any third-party advertisers via the N4L Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that NamesforLife is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the N4L Services.

13.3. The N4L Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

13.4. The N4L Services are owned or licensed by NamesforLife and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

13.5. This Agreement will be governed by the laws of the State of Michigan. The exclusive jurisdiction for any claim, action or dispute with NamesforLife or relating in any way to your use of the N4L Services will be in the state and federal courts of the State of Michigan and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Ingham, Michigan.

13.6. Should you have any questions concerning this Agreement or need technical support, you may contact NamesforLife support by visiting https://services.namesforlife.com/support.

13.7. NamesforLife may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by NamesforLife in its sole discretion. NamesforLife reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.

14. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.