Thank you for choosing Search.us.com.com. Search.us.com provides the Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Search.us.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Search.us.com owned or operated services, you and Search.us.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Search.us.com provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services and personalized content. You also understand and agree that the Search.us.com Services may include advertisements and that these advertisements are necessary for Search.us.com to provide the Search.us.com Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Search.us.com Services, including the release of new Search.us.com properties, shall be subject to the TOS. You understand and agree that the Search.us.com Services is provided "AS-IS" and that Search.us.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Search.us.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Search.us.com Services.
You understand that the technical processing and transmission of the Search.us.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Search.us.com has created certain areas on the Search.us.com Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of the Search.us.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Search.us.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Search.us.com Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Search.us.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Search.us.com has the right to suspend or terminate your account and refuse any and all current or future use of the Search.us.com Services (or any portion thereof). Search.us.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Search.us.com Services must create a Search.us.com Family Account. When you create a Search.us.com Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Search.us.com Family Account. By adding a child to your Search.us.com Family Account, you also give your child permission to access many areas of the Search.us.com Services, including, email, message boards and instant messaging (among others). Please remember that the Search.us.com Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Search.us.com Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Search.us.com Privacy Policy You understand that through your use of the Search.us.com Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Search.us.com and its affiliates.
When you register with Search.us.com, you acknowledge that in using the Search.us.com Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and other Internet activities), you will be causing communications to be sent through Search.us.com's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of Search.us.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Search.us.com Services and transfer, posting and uploading of software, technology, and other technical data via Search.us.com Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Search.us.com Services to export-prohibited parties or countries; (c) will not use the Search.us.com Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Search.us.com Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Search.us.com does not claim ownership of Content you submit or make available for inclusion on the Search.us.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Search.us.com Services, you grant Search.us.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Search.us.com Services are those areas of the Search.us.com network of properties that are intended by Search.us.com to be available to the general public. By way of example, publicly accessible areas of the Search.us.com Services would include Search.us.com Message Boards and portions of Search.us.com Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Search.us.com Services would not include portions of Search.us.com Groups that are limited to members, Search.us.com services intended for private communication such as Search.us.com Mail or Search.us.com Messenger, or areas off of the Search.us.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Search.us.com.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Search.us.com through its suggestion or feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Search.us.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Search.us.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Search.us.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Search.us.com without any obligation of Search.us.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Search.us.com under any circumstances.
You agree to indemnify and hold Search.us.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Search.us.com Services, your use of the Search.us.com Services, your connection to the Search.us.com Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Search.us.com Services (including Content, advertisements, Software and your Search.us.com ID).
You acknowledge that Search.us.com may establish general practices and limits concerning use of the Search.us.com Services, including without limitation the maximum disk space that will be allotted on Search.us.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Search.us.com Services in a given period of time. You agree that Search.us.com has no responsibility or liability for the deletion or failure to store Content maintained or transmitted by the Search.us.com Services. You acknowledge that Search.us.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Search.us.com reserves the right to modify these general practices and limits from time to time.
Search.us.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Search.us.com Services (or any part thereof) with or without notice. You agree that Search.us.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Search.us.com Services (or any part thereof).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Search.us.com Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Search.us.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Search.us.com Services.
The Search.us.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Search.us.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Search.us.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Search.us.com Services and any necessary software used in connection with the Search.us.com Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Search.us.com Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Search.us.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Search.us.com Services, such Content or the Software, in whole or in part.
Search.us.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Search.us.com Services. You agree not to access the Search.us.com Services by any means other than through the interface that is provided by Search.us.com for use in accessing the Search.us.com Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEARCH.US.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEARCH.US.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SEARCH.US.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SEARCH.US.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SEARCH.US.COM SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Search.us.com Services concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Search.us.com Services is provided for informational purposes only, and no Content included in the Search.us.com Services is intended for trading or investing purposes. Search.us.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Search.us.com Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Search.us.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, postings on the Search.us.com Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Search.us.com Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Search.us.com Services in an authorized manner.
You agree that all of Search.us.com’s trademarks, trade names, service marks and other Search.us.com logos and brand features, and product and service names are trademarks and the property of Search.us.com (the "Search.us.com Marks"). Without Search.us.com's prior permission, you agree not to display or use in any manner the Search.us.com Marks.
Search.us.com respects the intellectual property of others, and we ask our users to do the same. Search.us.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Search.us.com's Copyright Agent the following information:
Search.us.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Entire Agreement. The TOS constitutes the entire agreement between you and Search.us.com and governs your use of the Search.us.com Services, superseding any prior version of this TOS between you and Search.us.com with respect to the Search.us.com Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Search.us.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Search.us.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Search.us.com, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Search.us.com agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Search.us.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Search.us.com account is non-transferable and any rights to your Search.us.com account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Search.us.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to: btn@search.us.com
Last updated December 3, 2012