About Twing

Terms and Conditions

Last Modified Dec. 1, 2007

Introduction

This Web site (the "Site") is owned and operated by Twing, its parent company and subsidiaries (collectively, "Twing"). Twing provides its service to you subject to the following Terms of Service (the "TOS"). By using the Site, you agree to be bound by the TOS. Twing may, in its sole discretion, modify the TOS without notice to you. Therefore, please continue to monitor the TOS when using the Site. By continuing to access and use the Site after the TOS has been modified, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

Description of Service

Using automated technology, the Site enables users to easily and efficiently search our database and for online communities and forums that contain information, products and services in which they are interested. The Site presents both standard and premium search results. The Site also provides other services, such as newsletters. The Site and services available to users of the Site may be referred to herein collectively as the "Service." Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the TOS.

Eligibility and Registration

You are not required to register for an account on the Site in order to perform searches. However, you are required to register for an account to take advantage of certain other features, such as subscribing to and receiving newsletters and e-mails. By registering for an account on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information to Twing that is untrue, inaccurate, not current or incomplete, Twing has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To comply with the Children's Online Privacy Protection Act, at this time Twing is only available to users who are at least 13 years old. If you are under 13, you may not register to use the Service or provide personal information to Twing through the Site.

Any Registration Data and other information you provide to Twing is subject to our Privacy Policy.

Your membership is solely for your personal use, and you shall not authorize others to use your account, including your profile. As part of the registration process, you will be asked to provide a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

Term and Termination

This agreement shall remain in full force and effect while you use the Service and/or are a member. You may terminate your membership at any time, for any reason by following the instructions on the member account page.

Modification and Termination of Service

Twing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

You agree that Twing, in its sole discretion, may terminate your password, account (or any portion thereof) or ability to use the Service, and remove and discard any content within the Service, for any reason or for no reason, including, without limitation, for lack of use or for violating the letter or spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that we shall not be liable to you or any third party for any termination of your use or ability to access the Service. If Twing terminates your membership in the Service, you will not be entitled to any monetary compensation from Twing. Even after membership is terminated, the TOS will remain in effect.

Restrictions on Use

The Site contains material that is derived in whole or part from material supplied by Twing and other sources. Any and all international trademark laws protect the material on this Site. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You may not take the results from a Twing search and reformat and display them, or mirror the Twing home page or results pages on your Web site. You may not meta-search Twing, nor may you perform any form of automated query to the Twing service. You may not send automated queries, including using any software that sends queries to Twing to determine how a Web site or Web page "ranks" on Twing, of any sort to Twing's system.

You also understand that by using this Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Twing be liable in any way for any content, including, but not limited to, errors or omissions in content or for any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the Service. You acknowledge that Twing does not pre-screen content, but does have the right (but not the obligation) in our sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, Twing shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

License to Twing

By posting messages, uploading files, inputting data or engaging in any other form of communication through the Service, you are granting Twing a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Links and Third-Party Content

This Service acts as a system and venue to introduce you to a database and the Web sites and Web pages of providers of goods, services and information that may be of interest to you. As a result, the Service may provide links to Web sites, Web pages or resources outside of the Site. Twing may make reasonable efforts to ensure that the content, data, text, URLs, graphics or any other materials (collectively, the "Content") that either are provided to the Service by third parties (including those whose Web sites, Web pages or resources are listed in the Service directories) or contained on such third party Web sites, Web pages or resources meet Twing's use guidelines, but we cannot guarantee the accuracy, integrity or quality of such Content. You understand that, by using the Service, you may be exposed to Content that is offensive, indecent and/or objectionable.

Because Twing has no control over external sites, pages and resources, you acknowledge and agree that Twing is not responsible for the availability of such sites, pages and resources, and does not endorse and is not responsible or liable for content, advertising, goods, services or other materials on, available through or provided by such sites, pages or resources. You further acknowledge and agree that Twing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on, available through or provided by any such site, page or resource. You agree that you must evaluate, and bear all risks associated with, the use of any such content, advertising, goods, services or materials, including any reliance on the accuracy, completeness or usefulness thereof. You acknowledge that you may not rely on any Content created by Twing or submitted to Twing, including, without limitation, information in Twing directories and in all other parts of the Service.

Privacy Policy

Twing does not sell or rent your personal information to third parties for their marketing purposes without your consent, and we only use your information as described in the Privacy Policy. We view protection of users' privacy as an extremely important community principle. We clearly understand that you and your information is one of our most important assets. We store and process your information on servers located in the United States that are protected by physical as well as technological security devices. The Privacy Policy is expressly incorporated as part of these TOS. If you object to your personal information being transferred or used in this way, please do not use our Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TWING 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.

TWING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNITERRUPTED, 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 PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TWING 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 TWING HAS BEEN ADVISED OF THE POSSIBILITY OF THE COST 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 TRANSMISSION OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Twing will not be responsible or liable to you for any delay or failure to perform under the TOS if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any liability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by any reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Twing.

If you are dissatisfied with any Twing material, or with any of Twing's terms and conditions, your sole and exclusive remedy is to discontinue using Twing.

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 MAY NOT APPLY TO YOU.

Services Relating to Financial Matters

If you intend to receive or request any newsletters or other news, messages, alerts or information from the Service concerning companies, stock quotes, investments or securities, you understand and agree that the foregoing "Disclaimer of Warranties" and "Limitation of Liability" provisions apply, without limitation, to any such use of the Service. Any such newsletters, news, messages, alerts or information are provided through the Service on a "let the investor beware" basis, meaning that you assume all risk for any investment, trading or other decision you make based on such information. The Service is provided for informational purposes only, and no Content included in the Service in intended for trading or investing purposes. Twing shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Requests for Removal of Links or Cached Materials

Because Twing is built through the use of dynamic data generated by spidering the Internet and indexing Web sites, Web pages, online communities and public forums, it is impossible for Twing to guarantee that any Web page will not be a part of the Twing service. The only remedy to ensure that a Web page is not part of the Twing service is to not publish it in a publicly viewable directory.

Robot Access

The Site contains robot exclusion headers on certain sections of the Site. Much of the information on the Site is updated on a real-time basis and is proprietary or licensed to Twing by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that imposes, or may impose in our sole discretion an unreasonable and disproportionately large load on our infrastructure, (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Site without the prior expressed written permission of Twing and the appropriate third-party, as applicable, (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the site or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Trademark Information

The following trademarks and service marks are owned and operated by Twing: Twing^sm. You do not buy access to Twing, acquire or have any ownership, license or other proprietary interest in Twing or any information contained in Twing. You agree that Twing and its contents are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by applicable law.

Copyrights and Copyright Agents

Twing respects the intellectual property of others and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide Twing's Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owners, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual owner's behalf.

Twing's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:: Copyright Agent

c/o Twing

101 Hudson Street, 35th Floor
Jersey City, NJ 07302 USA
By phone:: (201) 557-9388
By e-mail:: copyright@twing.com

Waivers

Our failure to enforce your strict performance of any provision of the TOS will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these TOS will be effective only if in writing and signed by an authorized representative of Twing.

Termination This agreement is effective until terminated by Twing, at any time without notice. In the event of termination the disclaimers of liabilities set forth in this agreement shall survive.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or within the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Twing shall not be 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 advertisers on the Site.

Governing Law

This agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Twing makes no representations that these TOS comply with the laws of any other country. Visitors who use the Site, search engine or any other services offered on the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contacting Us

If you have any questions or comments regarding our Terms of Service, or wish to report any violation of the TOS, please contact us at info@twing.com. We will address any issue to the best of our abilities as soon as possible.