The following License Agreement have been republished from www.cdn925.com/CampImg/1300/SearchSelect/terms_and_conditions.html and/or the program's installer.
The following Terms & Conditions ("Terms & Conditions") are applicable to the use of the www.SearchSelect.com website and other affiliated websites we operate (the "Sites") which are is operated by Search Works Media LLC ("we," "us," or "our"). Your use of a Site conthe Site constitutes your acceptance of these Terms & Conditions and creates a binding contract between you and us.
We reserve the right to review and revise these Terms & Conditions from time to time without prior notice and, by using athe Site after any revision of the Terms & Conditions, you agree to be bound by such changes. If you find the Terms & Conditions to be unacceptable, you must immediately terminate your use of the Sites.
These Terms & Conditions contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Site.
1. In General
When a user clicks on a link for one of our Sites or is otherwise directed or linked to one of our Sites, they will be displayed a page with categories of goods or services such as credit cards, educational opportunities and home refinancing. We may add additional and remove existing categories from time to time. When a user clicks on one of the categories, consents to the offer promoting the Site, the user's home page will then be reset to the Site. When a user opens the same browser after consenting, the Site will load and provide users with a field to enter a search request powered by one the major search engines such as Google, Bing and Yahoo! which will provide the search results related to the category.. We may expand the scope of the Site's services and offer promotions, sweepstakes and other content in the future. At that time, we will update these Terms & Conditions.
We may expand the scope of the services provided by the Sites in which event we will modify these Terms & ConditionsIf you don't want to use the Site as your default home page, you can change your browser's settings. Please consult the "Help" feature on your browser if you are unsure how to change your home page setting.
2. No Representations or Warranties
The search results and any other services provided on the Sites and the content, information, documents, graphics and images displayed on the Sites are provided by third parties could include inaccuracies, typographical errors or other errors. We make no commitment to update or correct any errors on the Sites. Furthermore, we reserve the right to temporarily or permanently modify, alter, discontinue or delete a the Site without prior notice.
You also understand and agree that the Sites may, at times, be inaccessible or inoperable for any reason, including: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We will not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS & CONDITIONS, NEITHER WE NOR ANY OF OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES, SEARCH RESULTS OR OTHER SERVICES PROVIDED THEREIN. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE ACCURACY OR COMPLETENESS OF THE SEARCH RESULTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES, SEACRH RESULTS AND OTHER SERVICES "AS IS." SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
The Sites are is iintended for use by United States residents. We do not represent that all search results and other content, materials and services on one of our Sites are appropriate or available for use in geographic locations outside the United States, and accessing athe Site from certain locations may be illegal and prohibited. You agree not to access a the Site or any content, materials and services on athe Site where prohibited by law. We are not responsible for your compliance with local laws or other applicable laws.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of athe Site, including telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use athe Site.
6. Proprietary Rights
We respect the intellectual property rights of others and have no bad faith intentions to "cybersquat" trademarks or confusingly similar business names. The domain name associated with our Sites are believed to be merely generic or descriptive in nature. The domain names are not for sale to any individual or company with trademark rights, or their agent, for the respective word or phrase. The domain names are also not for sale to any competitor of such trademark holder, or their agent. Any offer to sell a domain is immediately void if the buyer is one of the previously mentioned persons.
If you believe you have legitimate trademark or other legally recognized rights in a domain name associated with a Site, please send us notice via email at: [email protected]
Your notice must include all of the following information:
The electronic or physical signature of the rights holder in the trademark or the person authorized to act on behalf of that person;
Identification of the trademark or other right that you claim has been infringed;
An identification of the specific domain name that is claimed to be infringing;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the domain name by the operator of this web site is not authorized by the trademark rights holder, its agent, or the law;
A statement that the information in your notice is accurate and a statement, made under penalty of perjury, that you are the rights holder or are authorized to act on the behalf of the rights holder; and
Any documents or information showing your exclusive rights to use the trademark claimed to be infringed (including, but not limited to, any government issued trademark documentation or any license agreements).
We may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written notice of trademark infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such notice.
The Sites are e is made available for your personal, non-commercial use only and you agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Site for any purpose. Portions of the Sites are proprietary to us and are protected by intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all of our rights. Some of the services and content on the Sites are provided by third parties and is proprietary to these third parties.
The names of companies and products that we do not own and that are mentioned on the Sites may be the trademarks of their respective owners. Any use of the protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited.
You may not use the Sites to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the search results and reformat and display them, or mirror a the Site home page or search results pages on your website.
7. Site Links and Third-Party Sites
The search results and the Sites contain links to other websites which are independent of the Sites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any linked website. We do not endorse any linked website, or the products or services described therein.
Furthermore, these links may lead to websites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these websites or for any damage sustained by users of these websites.
8. Fraudulent Activity Policy
We strictly prohibit user fraud and abuse relating to access to and use of athe Site. In accessing athe Site, or any other activities, products or services offered by or through athe Site, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of these Terms & Conditions, and (c) you will not circumvent or attempt to circumvent any provision these Terms & Conditions or any security feature on athe Site or engage in any activity that interrupts or attempts to interrupt the Site's operation. We may take action, including disabling a user's account, if we deem that a user is exhibiting unusual patterns of behavior and/or randomly and/or excessively clicking on a link or links after performing a search.
9. Choice of Law
You agree that these Terms & Conditions constitute the agreement between you and us and shall be construed and governed in accordance with the laws of the State of New York, regardless of the conflicts of law provisions of the jurisdiction where you live or in any other jurisdiction
10. Arbitration/Dispute Resolution
If you have a dispute concerning any aspect of these Terms & Conditions or the Site, you should first contact customer support on our Site or by completing a customer support ticket. If Customer Support doesn't resolve your dispute to your satisfaction, you can start a formal dispute proceeding by completing a Dispute Form. Completing a Dispute Form will elevate your dispute and we will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of your Dispute Form. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/. You will need our mailing address to file online which is:
SearchSelectMy Default Home Page
c/o Search Works Media LLCFluent, Inc.
128 Court Street, 3rd FL
White Plains, NY 10601
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in New York, NY. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of the Terms & Conditions, including this provision, are unenforceable. If you proceed to arbitration, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims you bring of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of this Arbitration/Dispute Resolution Provision by providing written notice of your decision within thirty (30) days of the date that you first use our Site.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
11. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, WE AND OUR SEARCH RESULT PROVIDERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR SEARCH RESULT PROVIDERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS & CONSIDIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE AND THE SERVICES.
IN ALL CASES, WE AND OUR SEARCH RESULT PROVIDERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to indemnify, hold harmless and defend us, our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) these Terms & Conditions and/or any breach or alleged or threatened breach by you; (b) your use of the Site or any search results or other content or materials or services transmitted or received by you; (c) any unacceptable or objectionable use of the Site by you; or (d) any negligent or willful misconduct by you.
13. Integration and Conflicting Terms; Severability.
Any provision of these Terms & Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms & Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms & Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
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