Completing and submitting the application located at the webpage "www.pallorium.com/newsgroup.html" or at "www.peoplefinder.net/signup.html" constitutes agreement by the applicant ("User") to the following terms and conditions. Ongoing use of any system or service provided or maintained by Pallorium, Inc. (hereinafter alternately referred to as Pallorium, Inc. or Pallorium) constitutes continuing acceptance of these Terms and Conditions, including any revisions. User understands and agrees that revisions and/or modifications may be made by Pallorium to this User Agreement without any notice to User. User can review the most current version of the Terms and Conditions governing access to "GorillaTrace" at any time by viewing this webpage.
Use of Pallorium, Inc.'s systems or services other than use of and access to "GorillaTrace" may be governed by other User Agreement(s) separately executed and agreed to by the User, and User understands and agrees that these Terms and Conditions do not replace or modify any separately executed Agreements.
User understands and agrees that this (User) Agreement shall govern and apply to any and all usage of and access to any Pallorium system and/or service by any and all methods and means including, but not limited to, access by written, telephonic, electronic or oral (voice) means.
User is requesting that Pallorium provide User with access to Pallorium's computer-based and/or electronic mail and/or database and/or Internet-accessible system(s), and other directly related systems and/or services, all of which systems and services are hereinafter referred to as "Pallorium systems" or "Pallorium's systems".
Pallorium's "systems and services" include, but are not limited to pallorium.com, peoplefinder.net, PallTech, Data Verification and GorillaTrace.
User agrees to accept all services as provided.
User states that he is at least eighteen (18) years of age.
So that User's application can be properly processed and screened, User agrees to provide true, accurate, current and complete information about him/herself as prompted by the online Application located at: www.pallorium.com/newsgroup.html or at "www.peoplefinder.net/signup.html", and to, if needed, maintain and promptly update the Application to keep it true, accurate, current and complete by sending electronic mail with any necessary changes to: email@example.com. User understands that providing any information that is untrue, inaccurate, not current or incomplete may cause Pallorium, Inc. to suspend or terminate User's account, without advance notice to User, and to refuse any and all current or future use of the Pallorium's services and systems.
User is solely responsible for obtaining access to Pallorium's services and that access may involve third party fees (such as Internet service provider or airtime charges) and User is solely responsible for those fees, and for all equipment necessary to access Pallorium's services.
USE OF ANY PALLORIUM SYSTEM
OR SERVICE IS AT USER'S OWN RISK. User understands and agrees
that Pallorium only provides its Users with access to information
through Pallorium systems and services, which information is
originated by independent database providers and/or investigative
sources and/or third-parties outside the control and supervision
of Pallorium, and that said information is not verified or augmented
by Pallorium, and that Pallorium cannot and does not warrant
or guarantee the accuracy, completeness, timeliness, currentness,
or merchantability or fitness for any purpose of any information,
data or Report obtained or ordered from or through Pallorium
and Pallorium's systems and services, and that Pallorium and/or
its officers, employees, agents, representatives, Users, affiliated
companies or entities, suppliers, database providers, independent
contractors, etc. shall not be liable in any manner whatsoever
for any errors, omissions, or inaccuracies relating thereto.
Users of any and all Pallorium systems and services explicitly
acknowledge and agree that all services, systems, files and information
are provided "AS-IS" and without warranty of any
kind, either express or implied. Users of any and all Pallorium
systems and services explicitly acknowledge and agree that all
services, systems, files and information may contain a degree
of error. Users of any and all Pallorium systems and services
explicitly understand and agree that Pallorium and/or its officers,
employees, agents, representatives, affiliated companies or entities,
suppliers, database providers, independent contractors, etc.
may at any time edit or otherwise modify files and/or information
to conceal and/or protect the identity of source(s) of files
and information. Users of any and all Pallorium systems and services
explicitly agree that they do not and will not hold Pallorium
and/or its officers, employees, agents, representatives, Users,
affiliated companies or entities, suppliers, database providers,
independent contractors, etc. responsible for the fitness, usefulness
or accuracy of any file or information obtained from or through
any Pallorium system or service, and that the entire risk of
using or acting upon any information obtained from or through
any Pallorium system or service, including the entire cost of
any and all necessary remedies, is with those who choose to use
Pallorium system(s) or services and act on any such information.
PASSWORDS. User understands
and agrees that no second or other person is permitted to use
a password issued for the exclusive use of any one (1) person,
and also that no password may be used by any person / entity
other than the person to whom that password has been issued.
User understands and agrees that Pallorium is in no way responsible
for the safeguarding of the password issued to the User. In
the event of any unauthorized access into any Pallorium system(s)
by the use of passwords or other information issued to the User,
then User and User's representatives and officers shall bear
full financial and legal responsibility for any and all access
and use of Pallorium's systems, including payment for said access
and/or usage, and User's access to Pallorium's systems and services
may be terminated.
User understands and agrees that all requests for, access to and usage of any information obtained from / through any Pallorium system or service must be in full compliance with all Federal, State and local laws and regulations. USER UNDERSTANDS, AGREES AND HEREBY STATES THAT ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH ANY PALLORIUM SYSTEM OR SERVICE WILL BE REQUESTED AND USED FOR LAWFUL AND PERMISSIBLE PURPOSES ONLY. USER SPECIFICALLY UNDERSTANDS AND AGREES THAT PALLORIUM'S SYSTEMS AND SERVICES ARE NOT TO BE USED FOR ANY ILLEGAL OR FRAUDULENT ACT, OR FOR ANY OBSCENE ACT OR FOR HARASSMENT OF ANY KIND, AND THAT PALLORIUM RESERVES THE RIGHT, WITHOUT ADVANCE NOTICE TO USER OR THE CONSENT OF USER, TO IMMEDIATELY DISCONTINUE AND/OR OTHERWISE DISCONNECT USER'S ACCESS TO PALLORIUM'S SYSTEMS AND SERVICES IN THE EVENT THAT PALLORIUM BELIEVES THAT USER'S ACCESS TO ANY PALLORIUM SYSTEM OR SERVICE IS BEING USED FOR ANY IMPROPER OR ILLEGAL PURPOSE. User understands and agrees that no Pallorium system or service may be used for the transmission of any message or document that, by its transmission, would constitute, or contribute to, or assist in, the commission of a crime.
User understands and agrees that all messages and files posted on or accessible thorough any Pallorium system or service must strictly conform to strict ethical, legal and professional standards, and may not contain or reveal confidential or illegal information, and that no file or message may contain data which might compromise the national security of the United States or its allies, or violate proprietary or copyright rights, personal privacy, or any federal, state or local law or regulation.
User understands and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such items originated.
USER AGREES THAT UNDER NO CIRCUMSTANCES WILL PALLORIUM, INC. OR IT'S OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, USERS, AFFILIATED COMPANIES, SUPPLIERS, DATABASE PROVIDERS, INDEPENDENT CONTRACTORS, ETC. BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHICH USER MAY SUFFER AS A RESULT OF ANY USAGE OF ANY PALLORIUM SYSTEM OR SERVICE including, but not limited to, any damage suffered as a result of interruption of service, delays in message or information delivery, nondeliveries of a message or information, inaccurate or incomplete deliveries of a message or information, misdeliveries of a message or information, or power failures or equipment failures of any kind, or for any delay or failure in performance or non- performance of any aspect of this Agreement or any interruption of service, resulting directly or indirectly from Acts of God, acts of public enemy, war, accidents, fires, electrical failures, machine failures or unavailability, postal delays, explosions, earthquakes, floods, the elements, strikes, lockouts, labor disputes, governmental orders or regulations, shortages of suitable parts, materials, labor or transportation, or any other cause. User understands and acknowledges that User is in no way promised or otherwise guaranteed uninterrupted 24-hour/365-day access to Pallorium systems and services. User agrees that the maximum amount that Pallorium will ever be liable to User (and the maximum amount of any judgment or award) for any reason will be the return of the fees paid to Pallorium by User to access any data or information, to the extent said data or information is found to be the primary basis upon which the User incurred any injury or damage resulting from obtaining any such information or data from or through any Pallorium system or service. USER AGREES THAT IN NO EVENT SHALL PALLORIUM EVER BE LIABLE FOR ANY SPECIAL OR INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF INFORMATION, PROFITS, BUSINESS INTERRUPTION AND THE LIKE.
User hereby acknowledges and agrees that no Electronic Mail transmission System can guarantee the privacy or confidentiality of any communication and that Pallorium does not guarantee or promise that User's messages or communications will be held or kept absolutely confidential or private, and that Pallorium assumes no responsibility for the confidentiality, privacy, accuracy, timeliness or completeness of any electronic transmission sent through any Pallorium system or service.
User understands and agrees that Pallorium can not and does not guarantee, or make any representations regarding the fitness, accuracy or legality of any information posted on or accessible through any Pallorium system, service, search or BBS.
User understands and agrees that all messages, files and reports transmitted to User or by User via any Pallorium system or service may be permanently erased and / or purged.
User understands and agrees that all contents of all Pallorium systems and/or services and/or transmissions are copyrighted by Pallorium, and that the contents of all Bulletin Boards and/or Reports and/or electronic mail and/or any information downloaded and/or read and/or otherwise obtained from or through any Pallorium service or system, and/or obtained in any way through Pallorium may not be published, reissued, revealed, retransmitted or made available in any form by the User to any other person or entity without the express written permission of an officer of Pallorium, Inc., and may be used only in the regular course of User's business. User is prohibited from otherwise reproducing, causing to be reproduced, or helping any other person to reproduce any such information or any portion of any such information. Any damages for which User may be liable as a result of User's breach of the undertakings and understandings of this Agreement shall be in addition to, and not in lieu of, any damages for copyright infringement. User is hereby informed that Pallorium, Inc. reserves all rights, trademarks, title, interest and copyrights to the manuals, forms, price lists and proprietary information contained in or in any way connected to any and all Pallorium and PallTech transmissions and communications, both electronic and written.
User is hereby informed that reprinting or use of any Pallorium, PallTech, Diogenes, GorillaTrace or ISSI names, logos, phrases, service agreements, user agreements, manuals and/or written materials without the express written permission of Pallorium may be a violation of copyright, trademark and service mark laws. User agrees that any data or information placed on any Pallorium system or service by User may be copied, edited, reproduced or published by Pallorium.
User understands and agrees that this agreement is enforceable either: a) in accordance with the laws of the County of Kerr, State of Texas, or b) in accordance with the laws of the County of Kings, State of New York, solely at the option of Pallorium, Inc. and regardless of whether or not User has established contacts within the State of Texas or the State of New York. User further agrees that any claims or legal action against Pallorium or related to Pallorium must be instituted within one (1) year after the claim or cause of action has arisen, or be barred.
User understands and agrees that Pallorium, Inc., at it's sole discretion, may terminate User's access to any or all Pallorium systems and services, for any reason that Pallorium sees fit, without advance notice to User. User agrees that Pallorium, Inc. shall not be liable to User or any third-party for any termination of User's access to Pallorium's Systems or Services. Notwithstanding any other provision hereof regarding termination or suspension of User's access, Pallorium may, at any time and without prior notice, discontinue all service, or any portion of services, to User if Pallorium has reason to believe that any portion of this agreement has been breached or violated by the User.
Authorized access to GorillaTrace.com is free. However, User understands and agrees that UNAUTHORIZED access to GorillaTrace.com - especially,
User understands and agrees that should any sums of money payable to Pallorium pursuant to this agreement not be paid by User, thereby creating a need for Pallorium to incur any legal or collection or otherexpense in connection with Pallorium's efforts to collect these monies due, then User must reimburse Pallorium in full for any and all legal and/or collection and/or other expenses including, but not limited to, attorney's fees and compensation for any time which representatives of Pallorium must expend to collect these monies. Pallorium's rate for corporate officer's and employees billable time is $250.00-USD/hour. User also understands and agrees that User must also reimburse Pallorium in full for any and all legal fees which Pallorium or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. may be required to pay should Pallorium or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. need to retain legal representation to protect their rights and/or interests in connection with any situation of any kind arising from Pallorium agreeing to provide User with access to any Pallorium system or service, including, but not limited to, GorillaTrace.com. User understands and agrees that all legal fees incurred by Pallorium and/or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. must be reimbursed by User within one (1) week of Pallorium's request.
User further understands and agrees that all unpaid balances of monies payable to Pallorium will have a one-and-one-half percent (1-1/2%) bookkeeping and file maintenance charge added to the outstanding balance each month.
Should any term and/or condition and/or portion of this agreement be declared illegal or otherwise unenforceable, it shall be severed from the remainder of this agreement without affecting the legality or enforceability of the remaining terms and/or conditions and/or portions of this agreement.