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Terms of Service
DevonWood Terms of Service for Your Personal Use
Welcome! By using DevonWood's website or other DevonWood services ("DevonWood Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). As used in this agreement, "DevonWood Services" does not include the FoxVillage or eZvolunteer applications/programs.
Personal Use Only
The DevonWood Services are made available for your personal, non-commercial use only. You may not use the DevonWood Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. If you want to make commercial use of the DevonWood Services, you must enter into an agreement with DevonWood to do so in advance. Please contact us for more information.
Please do not write to DevonWood to request permission to "meta-search" DevonWood for a research project, as such requests will not be granted.
Changes In Terms and Conditions and DevonWood Search Service 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.
Intellectual Property Policy It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.
Disclaimer of Warranties
DevonWood 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 DevonWood SERVICES results. DevonWood disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. DevonWood disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DevonWood SERVICES.
THE DEVONWOOD SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DEVONWOOD SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DEVONWOOD 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. DEVONWOOD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DEVONWOOD SERVICES. DEVONWOOD AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DEVONWOOD SERVICES. DEVONWOOD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEVONWOOD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DEVONWOOD SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEVONWOOD SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DEVONWOOD SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL DEVONWOOD OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DEVONWOOD 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 DEVONWOOD 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 DEVONWOOD SERVICES, FROM INABILITY TO USE THE DEVONWOOD SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DEVONWOOD 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 DEVONWOOD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEVONWOOD SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DEVONWOOD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEVONWOOD 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 DEVONWOOD SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DEVONWOOD 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 DevonWood 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.
Requests for Removal of Links or Cached Materials DevonWood occasionally receives requests from people to remove links from its indices. Although DevonWood reserves the right to address such requests individually, the general approach that DevonWood takes reflects the following principles:
DevonWood's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, DevonWood cannot and does not screen anything made available through its indices. For each web site reflected in DevonWood's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, DevonWood would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
DevonWood stores many web pages in its cache to retrieve for users as a back-up in case the page's server temporarily fails. Site owners may also request immediate removal of cached page from the DevonWood Search Service. DevonWood evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted. The steps necessary to remove cached pages, and to prevent a site from being cached and/or included in the indices are described in the DevonWood FAQ, accessible from the home page of this site.
Miscellaneous Provisions These Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon, 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 DevonWood.