Plumbb

1. ACCEPTANCE OF TERMS

Welcome to Plumbb, a site and service operated by Infotuit, Inc. By using Plumbb.com and related Plumbb Services (collectively referred to as "Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). You can review the most current version of the Terms of Service at any time at http://www.plumbb.com/terms.php. Your permission to access and use this Service is contingent upon your acceptance of the terms and conditions set forth in this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SERVICE.

We reserve the right to make any changes to our Terms of Service as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read our Terms of Service from time to time in order that you stay informed to any such changes. If we make changes to our Terms of Service and you continue to use our Service, you are impliedly agreeing to the Terms of Service expressed herein. Any new features that augment or enhance the current Service, including the release of new tools, widgets, related services, and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

The terms "Plumbb", “Infotuit”, "us", "we" or "our" refers to Infotuit, Inc., the owner of the Service. The term "You" or "Your" refers to the person accessing or using the Service, or the company or organization on whose behalf that person accesses the Service.

Violation of any of the terms below will result in the termination of your Account. While we prohibit such conduct and Content on the Service, you understand and agree that Infotuit cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

2. CONDITIONS OF USE

We reserve the right at any time to modify, suspend, or discontinue the Service from time-to-time, with or without notice to You. If You object to any such changes, Your sole recourse is to discontinue using the Service or any part thereof. Continued access and/or use of the Service following notice of any such changes shall indicate Your assent to and acceptance of such changes. You agree that Infotuit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Additionally, You agree to the following:

You must be a human and accounts registered by automated methods are not permitted.
You must provide a valid email address, and any other information requested in order to complete the sign-up process.
You are responsible for maintaining the security of your account and password. Infotuit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Use of Links and related sites and resources is at your own risk, The Service may provide, or third parties may provide, links to other internet resources or site. Your use of these sites and resources are governed by terms on or related to such sites or resources.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

3. NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS

Infotuit encourages you to use discretion when browsing the Internet or using the Plumbb Service. Infotuit makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of (i) any third party content posted on the Service, (ii) hyperlinks to third party Web sites outside of the Service, or (iii) any content posted on third party Web sites. Plumbb has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites' content. Your use of any other Web sites and resources is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites.

4. ACCEPTABLE AND LAWFUL USE OF SITE

You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Service. You agree not to upload, post or otherwise transmit via the Service any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Plumbb or other users of the Service; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Infotuit reserves the right to edit or remove content that violates this Agreement or that contains unauthorized third-party commercial advertisements.

You agree that you will not use the Service to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Plumbb, Infotuit or someone else, or spoof Plumbb's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Service; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Service; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Infotuit reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

You agree to not use any method to intercept or expropriate any system data or information from the Service without the express written permission of Infotuit; or use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Service content contained herein without the prior express written permission of Infotuit.

5. TERMINATION

You acknowledge and agree that we, at our sole discretion, may terminate Your use of the Service without prior notice, and remove and disable Your Plumbb Widget if we believe that You have violated or acted inconsistently with these Terms or our privacy policy. You agree that we shall not be liable to You or any third party for termination of Your access to the Site and Services. In the event of any termination, You will immediately cease access to the Service and we will no longer provide You the Service, and You agree to promptly pay any outstanding fees owed under these Terms, if any.

6. PRIVACY

Certain information about you may be collected during your use of the Service. Collected information is subject to the Plumbb Service Privacy Policy, located at http://www.plumbb.com/privacy.php, which is incorporated herein by this reference.

7. NO WARRANTY

INFOTUIT PROVIDES THIS SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. INFOTUIT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SERVICE. INFOTUIT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES INFOTUIT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INFOTUIT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

8. OTHER LIMITATIONS OF LIABILITY

IN NO EVENT WHATSOEVER SHALL INFOTUIT, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SERVICE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE. INFOTUIT NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF INFOTUIT, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL INFOTUIT'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED US$50. IN ANY EVENT, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Infotuit, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Service (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.

10. TRADEMARK NOTICE

All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of Infotuit or the trademark owner.

11. GOVERNING LAW AND CHOICE OF FORUM

This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any suit relating to this Agreement or the Site shall be brought exclusively in the federal or state courts of California and both parties consent to the jurisdiction thereof.

12. NOTICES

Notices to Infotuit shall be by email or certified mail, return receipt requested, at: info@plumbb.com or, if by certified mail, Infotuit, Inc., PO Box 472, North Andover, MA 01845 USA.

Last Update: April 23, 2008