Terms of Service
[Last Modified: March 7, 2018]
The
company (�we�, �us� or �Company�) owns and operates the
search product currently known as �Search goose� (�Offer�). Your (�you�,
�user(s)�) use of the Offer and use of our Services (as defined below) are
governed by these Terms of Service (�Terms of Service�), as well as our Privacy Policy (collectively
�Terms�).
These
Terms constitutes an electronic contract and legally binding agreement between
you and us. You hereby warrant that you are eligible to enter into these Terms and
you are at least 13 years old. Further, you hereby acknowledge that these Terms
enforces a class action waiver and arbitration provision as detailed in the
dispute resolution section below. By accessing,
downloading the Offer or by using the Service you hereby acknowledge that you
have read, understood and agreed to be bound by these Terms, as well as
applicable laws and regulations, when using our Service. If you
do not agree to be bound by these Terms, you are not authorized
to access or use our Service in any manner.
Service and License
Our Offer
enables you personalize your browsing
experience. The Offer will change your browser�s search settings. The use of
the Offer and the features provided, are collectively referred to herein as the
�Service(s)�. You may use the
Services solely for your personal, non-commercial use. Subject to your
acceptance and compliance with these Terms, you are granted with a limited,
revocable, non-transferable, royalty-free license to use the Service (�License�).
You may use the Service solely on a single device owned or controlled by you.
Users� Warranties and
Restrictions of Use
You
will use the Services in compliance with all applicable laws, rules,
regulations and industry standards. You agree and undertake not to: (i) circumvent, disable
or otherwise interfere with security-related features of the Offer or Service;
(ii) copy, sell, lease, share, sublicense or distribute the or otherwise
transfer the Offer or Service; (iii) modify, create a derivative work, alter,
reverse engineer, decompile, disassemble, or otherwise attempt to access the Offer�s
source code; (iv) remove, deface, obscure, or alter any copyright, trademarks,
or other proprietary rights; (v) access
the Services by any automated means, including scraping, crawling, data-mining,
or using any robot, spider, or any other automatic device; or (vi) otherwise
use the Services in illegal or fraudulent manner including, without limitation,
infringement or misappropriation of any intellectual property rights or right
of privacy of any third party or in breach of these Terms.
We reserve the right, at our sole discretion, to limit, deny or cancel
some or all of the functionality of the Service at any time, without prior
notice. We reserve the right to
suspend, remove, restrict or disable your access to parts or all of the Service
at any time and without notice or liability, at our sole discretion. In no
event, will the Company be liable for the suspension, removal, and restriction
or disabling of your access to the Service or to any feature available therein.
Title and Ownership
Other than the rights explicitly granted to you herein, we reserve all
rights, express or implied, in the Service including any derivatives, improvements
and modifications thereof and associated intellectual property rights. All
trademarks, service marks, product names, and trade names appearing on or
through the Service are owned by us or other third parties.
Third Party Content
The Services may
include third party content or links to third party websites
(collectively, "Third Party Content"). Your use of Third
Party Content available through the Services is subject to the terms and
conditions of the applicable third party. We have no control over Third Party
Content nor obligation to examine, review or monitor such Third Party Content, and
we are not responsible for the accuracy, completeness, appropriateness or
legality of Third Party Content. Hence, any use of Third Party Content is at
your sole risk and responsibility. Further, Third Party Content available
through the Service shall not be considered as endorsed or authorized by us. We
may delete or remove any Third-Party Content without notification. You hereby
waive any claim or legal rights or remedies you may have against us with
respect to Third Party Content.
Updates and
Upgrades
We may, from time
to time, and at our sole discretion, provide and install automatic updates or
upgrades to the Services. You hereby agree to receive such updated or upgrades,
without prior notification. If we believe any updates or upgrades contain
material changes, we will provide you with an applicable notice.
Without derogating the above, we are not obligated to provide any new version, update or upgrades to the Services.
Disclaimer of Warranties, Limitation of Liabilities
To fullest extent legally permissible, the Company does not warrant,
and is not obligated, to provide support, upgrades or updates to the Offer or
Services. The Company does not warrant that the Service will be available at
all time or operate without interruptions or errors and is not responsible for
any or unauthorized access or use in and to the Services. �The Services and any related features are
provided �AS-IS� and �AS-AVAILABLE�, without warranty of any kind. The Company
hereby disclaims any and all warranties, to the maximum extent permitted by
applicable law, express or implied, including without limitation, any
warranties of design, operation, fitness for a particular purpose,
satisfaction, merchantability, or non-infringement. The entire risk arising
from any use or reliance on the Services is solely borne by you.
The Company, its officers, employees, licensors, affiliates,
successors or assigns shall not have any liability to you or any third party
for any matter arising out of these Terms or your use or inability to use the
Services, whether in contract, tort or otherwise, or for any damages, whether
direct, indirect, special, incidental, exemplary, punitive or consequential
damages arising out of the use or inability to use the Services, including for
any loss or damage to business earnings, loss of goodwill, lost profits, loss
of data, computer damage or system failure or costs of procurement of
substitute goods or services, suffered by you and/or any third party, even if we are or have been expressly advised of the
possibility of such damages. Your only right or remedy with respect to any errors or
dissatisfaction with the Services, is to cease using the Services and uninstall.
Notwithstanding the above, to the fullest extent possible under applicable law,
in no event shall the Company�s aggregate liability for any claim arising out
of or related to the Services or these Terms, exceed the cost of the Services.
Indemnification
You will indemnify,
defend, and hold the Company and its employees, officers, directors, subsidiaries, affiliates or other partners, from and against
all claims, demands, suites, costs, damages, losses, liability, and expenses,
including legal expenses and reasonable attorneys' fees, arising of or incurred
as a result of your use of the Services, or your violation of these Terms. You
are solely responsible for your
actions when using the Services.
Term and Termination
These Terms are
valid as of the date in which you agreed to the Offer. You may stop using the
Services and uninstall the Offer at any time by using the standard uninstall
processes available by your browser. Without prejudice to any other rights, the
License granted herein and these Terms shall terminate immediately, without
notice, if you fail to comply with any provision of these Terms. Further, we
may terminate these Terms and discontinue,
terminate, suspend or modify any aspect of the Service at any time, with
or without prior notice, and with or without cause.
Privacy Practices
The Company respect its users� privacy rights and thus, handle and
store user�s data solely for the purpose of providing and enabling the Service.
Please review our Privacy
Policy prior to using the Service.
Dispute
Resolution
If you have any
dispute with us please first try to contact us and resolve any issues there may
be in an informal procedure. In the event the dispute
cannot be resolved in such informal and friendly manner, you and the
Company hereby agree to resolve any claim by binding and exclusively
arbitration by the �AAA� (i.e., the American Arbitration Association).
You agree that, by entering into these Terms, you and the Company are each
waiving the right to a trial by jury or to participate in a class action. All claims
must be brought in the parties� INDIVIDUAL CAPACITY, and not as a plaintiff or
class member in any purported class or representative proceeding and the
arbitrator may not consolidate more than one person�s claims. This provision
will survive the termination of these Terms. If you wish to opt-out of this
arbitration provision, you must provide the Company with a clear written
statement of your wish to opt-out (�Opt-Out Statement�). The Opt-Out
Statement shall include your full name and residence address. These Terms shall
be governed by and construed in accordance with the laws of the State of New
York, without giving effect to any principles of conflicts of law and will
specifically not be governed by the united nations conventions on contracts for
the international sale of goods, if otherwise applicable. You hereby agree to
resolve any dispute you have with exclusively in a state or federal court
located in New York, Manhattan. Any cause of action you might have relating to
the Service is limited in time to one (1) year from the arising incident, and
will be permanently barred afterwards.
We reserve the
right, at our discretion, to revise or update these Terms at any time. Such
changes shall be effective upon publication of the amended Terms. The last
revision will be reflected in the �Last Modified� heading. YOUR CONTINUED USE
OF THE SERVICES THEREAFTER CONSTITUTES YOU CONSENT TO SUCH CHANGES AND YOU
AGREE TO BE BOUND BY THEM. PLEASE MAKE SURE TO REVIEW OUR TERMS PERIODICALLY.
Contact Us
If you have
any questions about these Terms, or wish to report violators of these Terms
contact us through our contact form available at: http://www.searchdiplomat.com/contact.html or via email at:
info@searchdiplomat.com.