Welcome! By using MUSINGWAY's search engine or other MUSINGWAY services ("MUSINGWAY Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). As used in this agreement, "MUSINGWAY Services" does not include the Adwords or Adsense programs.

The sites displayed as search results or linked to by MUSINGWAY Services are developed by people over whom MUSINGWAY exercises no control. The search results that appear from MUSINGWAY's indices are indexed by MUSINGWAY's automated machinery and computers, and MUSINGWAY cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using MUSINGWAY Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a MUSINGWAY search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the MUSINGWAY Services.

The MUSINGWAY Services are made available for your personal, non-commercial use only. You may not use the MUSINGWAY Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a MUSINGWAY search and reformat and display them, or mirror the MUSINGWAY home page or results pages on your Web site. You may not "meta-search" MUSINGWAY. If you want to make commercial use of the MUSINGWAY Services, you must enter into an agreement with MUSINGWAY to do so in advance. Please contact us for more information.

You may not send automated queries of any sort to MUSINGWAY's system without express permission in advance from MUSINGWAY. Note that "sending automated queries" includes, among other things:

• using any software which sends queries to MUSINGWAY to determine how a website or webpage "ranks" on MUSINGWAY for various queries;
• "meta-searching" MUSINGWAY; and
• performing "offline" searches on MUSINGWAY.

Please do not write to MUSINGWAY to request permission to "meta-search" MUSINGWAY for a research project, as such requests will not be granted.

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We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

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MUSINGWAY disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the MUSINGWAY SERVICES results. MUSINGWAY disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. MUSINGWAY disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the MUSINGWAY SERVICES.

THE MUSINGWAY SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MUSINGWAY SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MUSINGWAY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MUSINGWAY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MUSINGWAY SERVICES. MUSINGWAY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MUSINGWAY SERVICES. MUSINGWAY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MUSINGWAY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MUSINGWAY SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MUSINGWAY SERVICES.

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UNDER NO CIRCUMSTANCES SHALL MUSINGWAY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MUSINGWAY SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MUSINGWAY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MUSINGWAY SERVICES, FROM INABILITY TO USE THE MUSINGWAY SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MUSINGWAY SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MUSINGWAY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MUSINGWAY SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MUSINGWAY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MUSINGWAY SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MUSINGWAY SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MUSINGWAY SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND 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 THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall MUSINGWAY or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MUSINGWAY.