Thizizit

Terms of Service for the Use of this Web Site

This Web site and the materials it contains are the property of Thizizit, Inc. and its affiliates and subsidiaries (hereinafter known as “we” or such conjugation thereof as the context may require). Before using this Web site, please read the Terms of Service set forth below. By using this Web site you agree to be bound by the Terms of Service. If you do not wish to be bound by these Terms, you must immediately terminate your use of this Web site. This Web site is made available for your personal non-commercial use only. You may not use this Web site 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 any type of Web search and reformat and display them, or mirror the Web site home page or results pages on your Web site. If you want to make commercial use of the Web site, you must enter into an agreement with the Thizizit site to do so in advance. Please contact us for more information.

  1. Representations or Warranties

    The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update or correct what is contained in this Web site even if we know it to be inaccurate or otherwise in error. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently, TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB STIE ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

    Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or linked Web sites.

  2. Other Businesses and Web Sites

    Thizizit may present advertisements and other materials that describe, promote or otherwise relate to other companies and individuals, including descriptions of these third parties, descriptions of their products and services, and links to their Web sites. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these third parties or the content of their Web sites. Thizizit does not assume and you hereby release us from any responsibility or liability for the actions, product, and content of all these and any other third parties. You agree to deal with third parties at your own risk, to employ due diligence in reviewing their privacy statements and other conditions of use, and to exercise due caution in deciding to do business or share information with them.

    Furthermore, Thizizit may display links that lead to sites or links that contain offensive and objectionable content or that may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites and for any damage sustained by users of these sites.

  3. User-Generated Content

    Thizizit allows users to post content on its web site, and some of this content may include classified-type advertisements and business listings that offer goods and services for sale and that describe, promote or otherwise relate to individuals and companies other than Thizizit. You agree that all such user-supplied content, including but not limited to text, pictures, illustrations, videos, and links to other web sites and content, is the sole responsibility of the people or companies from which it originated. You understand that Thizizit has the right to screen and reject any content posted by its users but that it has no responsibility to do so, and you acknowledge that by using Thizizit's site you might be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree to indemnify and hold Thizizit harmless for any damages caused to you by the content posted here by others. You further agree to take complete responsibility for any content you post on Thizizit's web site and to indemnify and defend Thizizit against any claim related to such content.

  4. Privacy Policy

    The information that Thizizit obtains through your use of our sites, is subject to our Privacy Policy. That Privacy Policy contains terms and conditions that govern our collection and use of the information we obtain from you and our respective rights relative to that information. Please review our Privacy Policy before you use our sites. Your use of our sites indicates your agreement to our Privacy Policy.

  5. Confidentiality

    Your confidential use of this site cannot be guaranteed by us. WE shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

  6. Security

    You may have an account and password. You are responsibly for maintaining the confidentiality of your password and account information and are fully responsibly for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these Terms. You will promptly report any unauthorized use of you password to us.

  7. Limitations of Damages

    IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES,SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, (INCLUDING NEGLIGENCE), STRICT LIMITATIONS OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

  8. Ownership

    All contents of this website are Copyright 2009 Thizizit, Inc. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Webs site and all names, terms logos, slogans, images and other indicia identifying Thizizit’s products or services are proprietary marks belonging to Thizizit. A list of trademarks owned by Thizizit is set forth in Section 14 of these Terms of Service. The names of companies and products not owned by Thizizit and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to Thizizit, Inc. without the express written permission of Thizizit, Inc. is strictly prohibited.

  9. License

    Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

  10. Claims of Copyright Infringement

    Thizizit, Inc. respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please see the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT at the bottom of this page.

  11. Indemnification

    YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMES, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE RESERVE THE RIGHT TO ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

  12. Governing Laws in case of Dispute

    THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARKANSAS, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN

  13. Arbitration

    The Parties agree that in the event of any disputes from this transaction whether in contract or tort, the Parties shall submit all matters to final and binding arbitration. The Parties designate Dispute Resolution Services as the arbitrator to conduct any hearings in Little Rock, Arkansas. The prevailing party in the arbitration shall be awarded their costs and attorney’s fees.

  14. Jurisdiction and Venue

    Notwithstanding the Arbitration Clause, it is agreed by and between the Parties that all disputes or other matters whatsoever arising under, in connection with or incident to the Contract shall be litigated, if at all, in and before a court located in Little Rock, Arkansas to the exclusion of the courts of any other state, territory or country. The Parties hereby waive any jurisdiction or venue objections that they may have to any such action or proceeding being brought in any court located in Little Rock, Arkansas.

  15. International Use

    We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from the certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

  16. Integration; Severability; General

    These Terms of Service incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Web site and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded. Any provision of these Terms of Service which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Service in that jurisdiction.

  17. Trademarks

    THIZIZIT is the trademark and service mark of Thizizit, Inc. registered in the United States and/or other jurisdictions. You shall not display, disparage, dilute or taint our trademarks and service marks or use any confusingly similar marks, or use our marks in such a way that would misrepresent the identity of the owner. Any permitted use of our trademarks and service marks inures to the benefit of Thizizit, Inc. All other trademarks, service marks or registered trademarks appearing on these Thizizit, Inc. World Wide Web pages are the trademarks or service marks of their respective owners.

  18. Modification of These Terms

    Thizizit, Inc., in its sole and absolute discretion and without prior notice, may revise these Terms of Service from time to time. We will give notice of changes to the Terms of Service by posting them on the Web site, and your continued use of this site constitutes your agreement to be bound by such modified Terms of Service.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that any material on this Web site infringes on any copyright which you own or control, please provide written notice to the following Thizizit agent for notice of claims of infringement:

Attn: DMCA Infringement Claims
Thizizit, Inc
325 W. 29th ST
North Little Rock, AR 72114
Tel: 501 687-1314
Fax: 501 907-7501

Your written notice must:

  • contain your physical or electronic signature;
  • identify the copyrighted work or other intellectual property alleged to have been infringed and do so in a sufficiently precise manner to allow us to locate that material;
  • contain complete and adequate contact information, including your postal address, daytime telephone numbers, and e-mail address;
  • declare your good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • declare that the information in the written notice is accurate; and
  • declare under penalty of perjury that you are the owner of the copyrights in question or are authorized to act on behalf of the owner.