Peopleminer.com is for use by licensed enterprise customers of Peoplegistics, Inc. only. The services offered on, or accessible through Peopleminer.com, or other related sites from Peoplegistics, Inc. are made available to an enterprise customer or a trial user (herein after described as "You" or "Subscriber") subject to the following Terms and Conditions. By using these Services, you are agreeing to be bound by, and to comply with, these terms and conditions.

Changes to terms and conditions: Peoplegistics, Inc. may change, add or remove portions of this Agreement at any time, but if it does, it will post such changes on the Site.

ACCOUNT REGISTRATIONS, SECURITY AND USE:

1.) General

(1a). User Name and Password: As part of the registration process, Subscriber will be issued a User Name and Password by Peoplegistics, Inc. You have to give us certain registration information, all of which must be accurate and updated. You may not (i) use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that Peoplegistics, Inc., in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password.

(1b). Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Peoplegistics, Inc.'s sole discretion. You shall notify Peoplegistics, Inc. of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

(1c). Changes in service: Peoplegistics, Inc. may change, suspend, or discontinue any aspect of the service at any time including the availability of any service feature, database, or content. Peoplegistics, Inc. may also impose limits on certain features and services or restrict your access to parts or all of the service without notice.

(1d). Payments: Subscriber shall pay all fees incurred through Subscriber's account arising from the use of this account by the Subscriber or Subscriber's authorized users. Payment shall be at the rates in effect for the billing period in which the fees are incurred and all fees and charges shall be billed to and paid for by you.

(1e). Valid Credit Card: Subscribers agree to use a valid, authorized credit card issued to the Subscriber (or the Subscriber's paying organization) for all fees associated with the Subscriber's account, and to provide Peoplegistics, Inc. updated credit card information as required.

(1f). Non-Payment: Peoplegistics, Inc. reserves the right to freeze and/or cancel the Subscriber's account if it cannot receive payment or payment information is fraudulent.

(1g). Cancellations and Refunds: No request for cancellations or refund of annual pre-paid services will be accepted once services have been initiated. Initiating services is constituted by customer accepting this Agreement. Cancellation of optional services initiated by Subscriber will be accepted only if those services have not been started.

(1f). Price changes: Peoplegistics, Inc. reserves the right to change fees at any time and a change in fees notice will be posted on site and/or sent by email to Subscriber. Annual subscription fees for existing Subscribers will remain in effect for the agreed period. New Subscriber fees will be paid at the rate in force at the time of their acceptance of the Agreement. Fees based upon use of additional optional services on Peopleminer.com are subject to rates posted at time of usage.

2. REPRESENTATIONS AND WARRANTIES

(2a.) Subscriber Representations: Subscriber or you hereby indemnify, defend and hold harmless Peoplegistics, Inc. from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you or any user of your account of this Agreement.

(2b.) Subscriber's Own Risk: Peoplegistics, Inc. does not represent or endorse the accuracy or reliability of the information displayed, uploaded or distributed through Peopleminer.com or related Sites by any user. You hereby acknowledge that use of the service is at your sole discretion.

(3b) Service Issues: Under no circumstances shall Peoplegistics, Inc. be held liable for any delay or failure in performance resulting in directly or indirectly from acts of nature, or causes beyond its sole control. Peoplegistics, Inc. shall not be liable to a Subscriber or any of its users or customers for any damages which may be suffered by a Subscriber or their users and/or customers including, but not limited to, losses or damage of any and every nature, resulting from loss of data, inability to access the internet, or inability to transmit or receive information, caused by or resulting from, delays, non-deliveries, or service interruptions whether or not caused by fault or negligence of Peoplegistics, Inc. Subscribers and their users and/or customers agree to indemnify and hold harmless Peoplegistics, Inc. from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from usage by Subscriber or any of its users and/or customers.

3. DISCLAIMER

Peoplegistics, Inc. disclaims any and all responsibility for any harm resulting from downloading or accessing any information or material from Peopleminer.com or related sites.

Peoplegistics, Inc. makes absolutely no warranties whatsoever expressed or implied for the service it is providing.

4. LIMITATION OF LAIBILITY

Services are provided "As is" without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of the site.

In no event will Peoplegistics, Inc. or any person or entity involved in creating, producing or distributing the Peopleminer.com offering or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge and agree that the provisions of this section shall hereby apply to all use of services offered and content of the site.

The limitations set forth above are fundamental elements of this agreement and the offerings would not be provided to you absent such limitations. Some state laws might apply regarding limitation of liability.

The above disclaimer of liability applies to any damages or injury cause by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that Peoplegistics, Inc. is not liable, for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

All responsibility or liability for any damages caused by viruses contained within the electronic files or in the offerings is disclaimed.

Violation of terms and conditions

Should you violate these terms and conditions or any other rights of Peoplegistics, Inc., Peoplegistics, Inc. reserves the right to pursue and all equitable remedies against you, including, without limitation, terminating any and all user accounts on Peopleminer.com or related sites.