1.
ACCEPTANCE OF TERMS
Welcome to Groups Access. Groups Access provides its services
to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice
to you. You can review the most current version of the
TOS at any time at: http://www.groupsaccess.com/terms.html.
In addition, as we are not affiliated with Yahoo in any
way, these TOS do not apply to Yahoo! Groups, the Yahoo!
GeoCities Service, Yahoo! Store or Yahoo! Site or such
other services.
2. DESCRIPTION OF SERVICE
Groups Access provides users with a tool allowing the
reception of the mail from Yahoo Groups and the quick
viewing of the attachments contained therein (the "Service").
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject
to the TOS. You understand and agree that the Service
is provided "AS-IS" and that Groups Access assumes no
responsibility for the timeliness, deletion, mis-delivery
or failure, especially those due to technical difficulties
or changes in the Yahoo Groups Service.
However, be aware that we will try to evolve our service
to adapt to any changes in the Yahoo Groups Service to
the best of our ability.
You are responsible for obtaining access to the Yahoo
Groups Service, as well as for the joining of any group
therein to which you want access to the groups' content.
Groups Access only acts as your agent: it does not grant
you access.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password upon completing the Service's
registration process. You are responsible for maintaining
the confidentiality of that password, and are fully responsible
for all activities that occur under your password or account.
Each account is linked to only one Yahoo ID. Groups Access
requires you to enter your Yahoo Password on our site,
which is a security risk that you will have to accept.
This is the only way we can provide this service as your
agent. You agree that Groups Access cannot and will not
be liable for any loss or damage arising from your releasing
your Yahoo Password to us. You agree to immediately notify
Groups Access of any unauthorized use of your password
or account or any other breach of security. Groups Access
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 3.
4. LIMITED RESPONSIBILITY
You acknowledge that Groups Access acts only as your agent
by providing you the Service, and is not responsible for
any violation to the Yahoo TOS done through it. Groups
Access uses your Yahoo member account and password to
log on to Yahoo, and effectively only provides a bridge
between you and Yahoo's own interface for certain services.
It is your responsibility to check the latest Yahoo TOS
and decide whether or not you wish to use the Groups Access
service.
5. CONTENT PROVIDED THROUGH THE SERVICE
Groups Access does not provide content. Any content you
access through Groups Access is content you received by
e-mail, and is subject to the same conditions as its source.
The Service only provides access through it through the
legal means of your own Yahoo account. Again, read the
Yahoo TOS carefully.
6. MODIFICATIONS TO SERVICE
Groups Access reserves the right at any time and from
time to time to modify, temporarily or permanently, the
Service (or any part thereof) with or without notice.
You agree that Groups Access shall not be liable to you
or to any third party for any modification to the Service.
Groups Access also reserves the right to suspend the service
temporarily in case of a major maintenance problem. Should
Groups Access suspend the service for such reasons, all
memberships shall be extended by the same amount of time
that the service was suspended. You agree that Groups
Access shall not be liable to you or to any third party
for any such suspension.
7. TERMINATION
You agree that Groups Access, in its sole discretion,
may terminate your use of the Service, if Groups Access
believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. If your service
is terminated for such reasons, you will be reimbursed
as per our refund policy. You
agree that Groups Access shall not be liable to you or
any third-party for such termination of your access to
the Service.
You agree that any purchased time block of access to Groups
Access cannot be split, interrupted or cancelled, and
is indivisible as a general rule. However, Groups Access
allows refunds under certain conditions.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GROUPS
ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GROUPS ACCESS MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM GROUPS ACCESS OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GROUPS ACCESS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROUPS ACCESS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY
NOT APPLY TO YOU.
11. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
Groups Access and govern your use of the Service, superceding
any prior agreements between you and Groups Access. You
also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship
between you and Groups Access shall be governed by the
laws of the province of Quebec, Canada without regard
to its conflict of law provisions. You and Groups Access
agree to submit to the personal and exclusive jurisdiction
of the courts located within the province of Quebec, Canada.
The failure of Groups Access to exercise or enforce any
right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS
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 TOS
remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
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Copyright © 2003 Vizir Inc. All rights reserved. |
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