Terms of Use

BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THIS SITE.
Welcome to the FAST Search & Transfer website. Please review these Site Terms of Use (“Terms of Use”), which govern your use of our website (the “Site”). In this document, “you” means the person or company using this Site; “we” or “us” means FAST Search & Transfer ASA and its affiliates (“FAST”); and “both of us” means both you and us.

This Site provides information for our customers and potential customers. These Terms of Use have been written to describe the conditions under which this Site is being made available to you. The Terms discuss important limitations about the way you may use and rely upon materials you find on the Site. Read these Terms carefully. By using this Site, you will be deemed to have accepted them. If you do not accept the Terms, you may not use this Site.

  1. Site Contents, Ownership, And Use Restrictions
    You may view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.

    The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. We and our affiliates and suppliers expressly reserve all intellectual property rights, which are not expressly granted in these Terms of Use.
  2. Links to Other Sites
    Links to other sites from this Site are provided solely for your convenience. We are not responsible for the content of any other sites, nor do we make any representations about the content or accuracy of material on any other sites. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
  3. Use of Software
    If you download software from this Site (“Software”), the use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If a Software License Agreement does not accompany or is not provided with the Software and the Software is sample or beta code or is provided for evaluation purposes, then contact us for the applicable Software License Agreement. You may not download or install the Software until you have read and accepted the terms of the applicable Software License Agreement.
  4. Our Use of Your Submissions
    We do not want to receive confidential or proprietary information from you through this Site.

    You agree that any material, information, and ideas that you transmit to this site or otherwise provide to us (“Transmissions”) will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.

    Personally identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our online privacy statement.

    You consent to the collection, processing and storage by us of your personal information in accordance with the terms of our online privacy statement.
  5. Your Conduct
    Within this Site and all our other web properties you are not allowed to:
    • Post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
    • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
    • Advertise or offer to sell or buy any goods or services for any business purpose.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Restrict or inhibit any other user from transmitting or posting communications.
    • Harvest or otherwise collect information about others, including e-mail addresses.
    • Violate the security features of the Site, such as by (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize you to do so in writing; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
    Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using the Site, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site.
  6. No Automated Searching
    You may not use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available on this Site and other than generally available third party web browsers.
  7. Disclaimer of Warranty
    THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials, software or services at this Site. We may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and we make no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
  8. Limitation of OUR Liability
    UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUPPLIERS BE LIABLE TO ANYONE ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, 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 WE OR OUR SUPPLIERS 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 SITE OR SERVICES PROVIDED ON THE SITE, FROM INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR 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 SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. 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 SITE, SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR 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.
  9. Indemnity
    You agree to indemnify and hold us, our subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Transmission or other content you submit or that are submitted from computers under your control, (b) your connection to our Sites, (c) your violation of this Terms of Use, or (d) your violation of any rights of another party.
  10. Availability
    We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site.
  11. Termination
    Our permission to you to use this Site terminates automatically if you breach any of these Terms of Use.
  12. REVISION OF Terms of Use
    We reserve the right to revise these Terms of Use by updating this posting without prior notice. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use by which you are bound.
  13. General
    You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.

    If you are located in North America, Massachusetts law and controlling U.S. federal law govern any action related to the Terms of Use and your use of the Site. If you are located elsewhere, Norwegian law governs any action related to the Terms of Use and your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Use. Each of us agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, Massachusetts, U.S.A., if your are located in North America, and the courts of Oslo, Norway if you are located elsewhere.
  14. Export Control
    You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
  15. Caution Concerning Dated Material
    The passage of time can render information contained in, or linked to, this Site stale. The Company is not responsible for any misimpressions which may result from the reading of dated material. Viewers should consider the dates of issuance of all items and information contained in, or linked to, this Site. We do not undertake any duty to update, to supplement, to correct, to comment upon or to modify any information contained in the Site or any web site to which it is linked, if any.
  16. United Stated Securities Laws
    The Site may be considered to contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “anticipate,“ “estimate,” “expects,” “projects,” “intends,” “plans,” “believes” and words and terms of similar substance used in connection with any discussion of future operating or financial performance identify such forward-looking statements. Those forward-looking statements are management's present expectations of future events. As with any projection or forecast, they are inherently susceptible to uncertainty and changes in circumstances, and the Company is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of such changes, new information, future events or otherwise. The Company operates in highly competitive, consumer driven and rapidly changing business that is dependent on government regulation and economic, political and social conditions in the countries in which it operates, customer demand for its products and services, and technological developments. The Company's actual results could differ materially from management's expectations because of changes in such factors. In addition, the Company's overall strategy, including its financial strategy, its growth in operations, the maintenance of its financial ratios and the like could be adversely affected by failure to meet earnings expectations, significant acquisitions or other transactions, consequences of the euro conversion and changes in the Company's plans, strategies and intentions.
  17. Procedure for making claims of copyright Infringement
    In accordance with the Digital Millennium Copyright Act (17 USC § 512), we are registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Designated Agent. The Designated Agent is our Legal Department, telephone number +1-781-304-2400. Notification should be mailed to Howard Novick, Vice President and Corporate Counsel, FAST Search, Inc. 117 Kendrick Street, Needham, MA 02494 USA or sent via e-mail to howard.novick@fastsearch.com.
  18. Copyright & Trademark Information
    This Site and its contents are copyright © 2006 FAST Search & Transfer ASA. The name FAST and the FAST logo are registered marks of FAST.