Terms Of Use

WEBSITE TERMS OF USE

If you do not agree to the Terms of Use, discontinue using the site immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not

agree to these Terms of Use, do not use the site.

Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases,

HTML code, and other intellectual property are protected by US and International Copyright

Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or

otherwise distributed by any means without explicit permission. All of the trademarks on this site

are trademarks of Yorke Benefits or of other owners used with their permission.

Database Ownership, License, and Use

Yorke Benefits warrants, and you accept, that Yorke Benefits is the owner of the

http://www.YorkeBenefits.cc. Yorke Benefits and its contributors reserve all rights and

no intellectual property rights are conferred by this agreement.

Yorke Benefits grants you a non-exclusive, non-transferable license to use database(s)

accessible to you subject to these Terms and Conditions. The database(s) may be used only for

viewing information or for extracting information to the extent described below.

You agree to use information obtained from Yorke Benefits databases only for your

own private use or the internal purposes of your home or business, provided that is not the

selling or broking of information, and in no event cause or permit to be published, printed,

downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the

databases (whether directly or in condensed, selective or tabulated form) whether for resale,

republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages

of information that have been individually selected, to meet a specific, identifiable need for

information which is for your personal use only, or is for use in your business only internally,

on a confidential basis. You may make such limited number of duplicates of any output, both in

machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing

herein shall authorize you to create any database, directory or hard copy publication of or from

the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided “as is” and without warranties of any kind either express

or implied. Yorke Benefits disclaims all warranties, express or implied, including,

but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Yorke Benefits does not warrant that the functions contained in the materials will be

uninterrupted or error-free, that defects will be corrected, or that this site or the server that

makes it available are free of viruses or other harmful components. Yorke Benefits

does not warrant or make any representations regarding the use or the results of the use of

the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You

(and not Yorke Benefits assume the entire cost of all necessary servicing, repair or

correction. Applicable law may not allow the exclusion of implied warranties, so the above

exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall Yorke Benefits

be liable for any special or consequential damages that result from the use of, or the inability

to use, the materials in this site, even if Yorke Benefits or a Yorke Benefits

authorized representative has been advised of the possibility of such damages. Applicable law

may not allow the limitation or exclusion of liability or incidental or consequential damages, so

the above limitation or exclusion may not apply to you. In no event shall Yorke Benefits’s

total liability to you for all damages, losses, and causes of action (whether in contract, tort,

including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for

accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed

on the website. Changes may be made at any time without prior notice. All data provided on

this website is to be used for information purposes only. The information contained on this

website and pages within, is not intended to provide specific legal, financial or tax advice, or

any other advice, whatsoever, for any individual or company and should not be relied upon in

that regard. The services described on this website are only offered in jurisdictions where they

may be legally offered. Information provided in our website is not all-inclusive, and is limited to

information that is made available to Yorke Benefits and such information should not be

relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and

is not responsible for their content. The linked sites are for your convenience only and you

access them at your own risk. Links to other websites or references to products, services or

publications other than those of Yorke Benefits and its subsidiaries and affiliates at

this website, do not imply the endorsement or approval of such websites, products, services or

publications by Yorke Benefits or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may

constitute trade names, trademarks or service marks of Yorke Benefits or of other

entities. The display of trademarks on this website does not imply that a license of any kind has

been granted. Any unauthorized downloading, re-transmission, or other copying of modification

of trademarks and/or the contents herein may be a violation of federal common law trademark

and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID,

or password which you may have received from Yorke Benefits, and all information to

which you have access through password-protected areas of Yorke Benefits’s websites

and will not cause or permit any such information to be communicated, copied or otherwise

divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.yorkebenefits.cc. Yorke Benefits

reserves the right to issue revisions to these Terms of Use by publishing a revised

version of this document on this site: that version will then apply to all use by you following the

date of publication. Each access of information from Yorke Benefits will be a separate,

discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without Yorke Benefits written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws

of the United States, as it is applied to agreements entered into and to be performed entirely

within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Yorke Benefits

and/or its affiliates’ intellectual property rights, Yorke Benefits and/or its affiliates may

seek injunctive or other appropriate relief in any state or federal court in the United States, and

you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a

mutually agreed-upon mediator in the following location: TBD. Any costs and fees associated

with the mediation will be paid by the plaintiff.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree

to submit the dispute to binding arbitration at the following location: TBD, under the rules of the

American Arbitration Association. Judgment upon the award rendered by the arbitration may be

entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining

provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may

terminate this agreement at any time by destroying all materials obtained from any and all http:/

/www.dallasplumber.cc site(s) and all related documentation and all copies and installations

thereof, whether made under the terms of this agreement or otherwise. This agreement will

terminate immediately without notice at Yorke Benefits’s sole discretion, should you fail

to comply with any term or provision of this agreement. Upon termination, you must destroy all

materials obtained from this site and any and all other http://www.dallasplumber.cc site(s) and

all copies thereof, whether made under the terms of this agreement or otherwise.

User Conduct

The Site may contain bulletin board services, news groups, forums, and/or other message or

communication facilities (“Communication Services”) designed to enable you to communicate

with others. You agree to use the Communication Services only to submit or post messages

and material that are proper and, when applicable, related to the particular Communication

Service. You are also prohibited from submitting to, posting or transmitting through Dallas

Plumber Finder any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,

obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable

material of any kind, including but not limited to any material that encourages conduct that

would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable

local, state, national, or international law. Content that consists of or contains software viruses,

political campaigning, commercial solicitation, chain letters, mass mailings, or any form

of “spam” is prohibited. You may not use a false email or postal address, impersonate any

person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of

the content expressed or made available by third parties are those of the respective authors

or distributors and not of Yorke Benefits nor its affiliates, not any of their officers,

directors, employees, or agents. You acknowledge that Yorke Benefits does not prescreen

all content, but that Yorke Benefits and its designees shall have the right (but

not the obligation) in their sole discretion to refuse or move any content that is made available

via the Communication Services. Without limiting the foregoing, Yorke Benefits and

its designees shall have the right to remove any content that violates this Agreement or is

otherwise objectionable. You specifically agree that Yorke Benefits is not responsible for

any content sent using and/or included in the Site by any third party.

This Web site contains proprietary material of Yorke Benefits (or material that

other suppliers have licensed to Yorke Benefits for their use) which is protected by

in the material and media, including (without limitation) all copyright and other proprietary

rights worldwide in all media. You may not use Yorke Benefits except as expressly

permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic

redistribution of any portion of the products licensed herein is expressly prohibited.

End users who are duly authorized may Access Yorke Benefits for individual use,

i.e., may view the information on screen; may download small portions of the information to

a computer disk for personal convenience and later reference; and may print paper copies of

small portions for personal use only.

The rights granted here are an expansion of the rights granted under the Copyright Act and

do not include any rights to reproduce in its entirety any portion of the information or materials

contained therein. No part of the information may be duplicated in any medium or format beyond

the express terms of this Agreement without prior written authorization from Yorke Benefits

Finder. Any use not authorized by the Agreement is prohibited and is not a fair use under the

U.S. copyright law.

You acknowledge that the information (and the licensed materials contained therein) is highly

proprietary in nature and that unauthorized copying, transfer or use may cause Yorke Benefits

Finder and/or Yorke Benefits’s suppliers irreparable injury that cannot be adequately

compensated for by means of monetary damages. You agree that any breach of this provision

by you, or any subscriber or end-user, may be enforced by Yorke Benefits, and/or any

of Yorke Benefits’s suppliers, by means of equitable relief (including, but not limited to,

injunctive relief) in addition to any other available rights and remedies.

You agree that any supplier of any portion of the licensed materials may enforce its rights

against you, even though that supplier is not a party to the Agreement.

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise

access or use any material retrieved from or contained in or on this Site in any manner

whatsoever that may infringe any copyright or proprietary interest of Yorke Benefits;

distribute the information contained in and/on this Site to other users not duly authorized

to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or

Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information

contained in or on this Site or any software contained therein, or alter, translate, modify, or

adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a

violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any

electronic media, including, but not limited to, local or wide area networks, timesharing services,

multiple processing units, multiple site arrangements, service or software rental bureaus, list

servers, online services, electronic bulletin boards or forums, World Wide Web sites or any

other server that is Internet-enabled, without written authorization by Yorke Benefits.

If you breach any provision of this Agreement, Yorke Benefits may immediately

terminate this Agreement and all licenses granted hereunder without prior notice and in addition

to any other available rights and remedies.

Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic,

MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions

of content from the Site. Yorke Benefits can detect the use of these systems through live

logfile analysis and will ban any future use by offenders.

b. Use robots and crawlers, or similar technology, without following the robot guidelines (found

at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating

the guidelines and we will ban any offenders. If you are using a robot/crawler to check Dallas

Plumber Finder links, it must operate according to the robot guidelines (see above). Do not

leave new robots unattended and allow a minimum of 1 minute between automated requests.

c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site

functionality;

d. Take any action that imposes an unreasonable or disproportionately large load on the Site

infrastructure;

e. Use any email addresses appearing on the Site for purposes not relating specifically to the

Site;

f. Access the Site by any means other than through the interface that is provided by Dallas

Plumber Finder, or attempt or access any area of the Site to which your access is not

authorized; or

g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code

relating the Site, except to the extent that such activity is expressly permitted by applicable law

notwithstanding this limitation.

Accuracy and Availability of Information

The Site contains database information and other content compiled by Yorke Benefits.

While we use commercially reasonable efforts to provide accurate information, Yorke Benefits

Finder gives no warranty as to the accuracy of the database and other content on the Site.

Yorke Benefits reserves the right to withdraw or delete information or content from the

Site at any time.

Links to Third Party Sites

Yorke Benefits does not endorse the content on any third-party Web site, including

Web sites of Yorke Benefits’s affiliates (“Third-Party Sites”). Yorke Benefits is

not responsible for the content of Third-Party Sites that you reach through links on the Site,

sites framed within the Site, or third-party advertisements on the Site, and we do not make any

representations regarding their content or accuracy. Your use of Third-Party Sites is at your

own risk and subject to the terms and conditions of use for such sites. Any transaction that you

conduct at a Third-Party site will be between you and the party providing that Web site. This

means that Yorke Benefits is not your agent and is not a party to any transaction at a

Third-Party Site.

Representations and Warranties

You represent and warrant to Yorke Benefits that: (a) you possess the legal right and

ability to enter into this Agreement; (b) all information submitted by you to the Site is true and

accurate; (c) you will be responsible for all use of your username and password even if such

use was conducted without your authority or permission; (d) you are at least 18 years old; and

(e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN

THIS SITE BY Yorke Benefits AND ITS AFFILIATES ARE PROVIDED “AS IS”

AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND YORKE BENEFITS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,

OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, Yorke Benefits DOES NOT MAKE ANY WARRANTIES REGARDING

THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b)

ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND

ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;

(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT

PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE

LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE

WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

Limitation of Damages

IN NO EVENT WILL Yorke Benefits OR ANY OF ITS AFFILIATES BE LIABLE FOR

ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,

INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS

INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE

LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH

OF WARRANTY, AND EVEN IF Yorke Benefits HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL Yorke Benefits OR ANY OF ITS AFFILIATES BE LIABLE

TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR

AMOUNT ACTUALLY RECEIVED BY Yorke Benefits FROM YOU FOR ACCESS TO

THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR

PRIOR TO YOUR CLAIM.

Indemnity

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we

become liable for or incur any damages in connection with your breach of this Agreement.

You may not settle any dispute without our prior consent, which may only be given in a nonelectronic

writing signed by an authorized representative of Yorke Benefits.

Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted

electronically, including any that we are otherwise required to provide in “writing”. For example,

we may send you notices via postings at the Site or via email to any email address that

you provide to us during registration as a Site member. If you do not wish to deal with us

electronically, you should not use the Site or enter into this Agreement. If applicable law now or

later requires us to communicate with you non-electronically, we reserve the right to charge a

fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email)

we are notified that the email address is invalid. Alternatively, we may give you notice by mail to

the address provided during registration.

Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time

to time) and retain it in your records. You also agree to make a copy of any other information

that we deliver to you in writing.

Termination

Yorke Benefits may terminate your subscription and/or access, or suspend access to

all or part of the Site, without notice, for any conduct that Yorke Benefits, in its sole

discretion, believes is in violation of this Agreement, any applicable law, or any act which is

harmful to the interests of another user, service provider, or Yorke Benefits may also elect not to renew your subscription and access by providing a notice

of nonrenewal prior to the end of your current subscription term. Applicable sections of this

agreement will survive any termination or expiration of this Agreement.

Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized

representative of Yorke Benefits in a non-electronic record, and any assignment without

Yorke Benefits’s consent will be voidable at Yorke Benefits’s option. This

Agreement will inure to the benefit of and bind the parties’ respective successors and permitted

assigns.

Applicable Law and Disputes

This Agreement is governed by the laws of the United States, without regard to principles of

conflict of laws.

To the extent you have in any manner violated or threatened to violate Yorke Benefits

and/or its affiliates’ intellectual property rights, Yorke Benefits and/or its affiliates may

seek injunctive or other appropriate relief in any state or federal court in the United States, and

you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a

mutually agreed-upon mediator in the following location: TBD. Any costs and fees associated

with the mediation will be paid for by the plaintiff.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree

to submit the dispute to binding arbitration at the following location: TBD, under the rules of the

American Arbitration Association. Judgment upon the award rendered by the arbitration may be

entered in any court with jurisdiction to do so.

Amendments

Yorke Benefits may change the provisions of this Agreement. When Yorke Benefits changes the terms of this Agreement, Yorke Benefits will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Yorke Benefits except in a signed, non-electronic writing signed by an authorized representative of Yorke Benefits.

General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Yorke Benefits or its affiliates as a result of this Agreement or your use of the Site.