These Terms and Conditions of Use / Terms Of Service / End User License Agreement ("Terms") apply to the searchata.com Site and Services. SearchItWithUs may be referred to herein as "SearchItWithUs," "We," "Us," or "Our" whether in uppercase, lowercase, or a combination. These Terms are independent of any other application(s) you may be installing or using concurrently. Use of any of the Site or Services and their features requires that you agree to the Terms. You agree to be legally bound by these Terms. These Terms are a legal contract between Us and You, an individual user of at least 18 years of age, or if You are using the Site or Services on behalf of any entity -- including a company, organization, or trust, no matter the legal form of the entity -- ("entity"), then You represent and warrant that You are an authorized representative of that entity with the authority to bind such entity to the Terms, and agree to be bound by the Terms on behalf of such entity ("You," "User," or, collectively, "users," whether in uppercase, lowercase, or a combination).
If You are under the age of 18 Your parent or legal guardian must enter into this agreement, each amendment, on Your behalf. If You are under the age of 18 You affirm that by Your continued or future use of the Site or Services Your parent or legal guardian has first agreed to the Terms, including each amendment, on Your behalf.
If You do not agree to or with any and each and every of the terms or conditions in these Terms, do not use the Site or Services. Your use of the Site or Services is deemed to be Your agreement to abide and be bound by each of the Terms set forth herein, and each amendment as and when made and effective. You acknowledge that You have read and understood, and agree to be bound by, the Terms (and conditions).
The Site and Services are not available to persons under the age of 13. By accessing, or otherwise using the Site or Services You represent that You are at least 13 years of age.
We may make changes, modifications, and amendments to the Terms at any time. Because of the rapidly evolving nature of the Internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, We may change, update, amend, and modify the Terms from time to time. The latest Terms may be posted or be available through http://searchata.com/terms.php, and You agree that You should always review them prior to using the Site or Services so that You may always be aware of what has changed, if anything. If any modification is unacceptable to You, You will cease using the Site or Services right away. If You do not cease using the Site or Services You will be conclusively deemed to have accepted the change(s) and amendments. Except as stated elsewhere, all amended Terms will automatically be effective as soon as they are initially posted by Us, except if We state in writing that We are giving advance notice of any amended term to be effective on a date in the future. Please check these Terms and any guidelines periodically for changes. Except as posted by Us, including to http://searchata.com/terms.php, the Terms will not be otherwise amended, and no terms will be waived by Us, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of Ours. For purposes of these Terms and this provision, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.
We are not obligated to provide notice of amendment to the Terms by way of any method other than the making available or posting of the amended Terms on https://searchata.com/, or https://searchata.com/terms.php, or any SearchItWithUs Platform, and doing so without more is deemed and agreed to be sufficient notice of amendment(s). We may note on the Terms available at https://searchata.com/terms.php, what the effective date of that version of the Terms is, and You agree that You will keep track Yourself of the effective dates of various versions of the Terms, and that We are not required to point out to You changes from version to version of the Terms. You may copy and paste each version of the Terms into a document for your own personal retention, and You may use any variety of tools to "compare" various versions of the Terms (and Privacy Policy).
We may provide You with notices, including those regarding changes to the Terms, by email (if you provide us with your email address) or postings on, or through https://searchata.com/, or https://searchata.com/terms.php, or any SearchItWithUs Platform. If we give notice by email then notice will be deemed given twenty-four hours after the email is sent, unless We are notified that the email address is invalid, and we acknowledge such notice. Alternatively, we may, though we are not required to, give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. You agree that notice posted on or through https://searchata.com/, or https://searchata.com/terms.php, or any SearchItWithUs Platform is deemed given upon the initial posting, even if there is also notice given in any other way.
When You visit https://searchata.com/ or send Us e-mails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We may communicate with You by e-mail, or by posting notices on https://searchata.com/, or https://searchata.com/terms.php,. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
By accessing or using the Site or Services You expressly authorize and request SearchItWithUs and/or its business affiliates of partners to:
SearchItWithUs™ is a trademark of SearchItWithUs. Other trademarks, names, and logos on the Site or Services or a SearchItWithUs site are the property of their respective owners. The trademarks, logos, and service marks displayed on the Site or Services or a SearchItWithUs site (collectively the "Trademarks") are the registered and unregistered trademarks of SearchItWithUs, its licensors, suppliers, and others. The Trademarks owned by SearchItWithUs, whether registered or unregistered, may not be used in connection with any product or service that is not SearchItWithUs's in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages SearchItWithUs or blurs, tarnishes, or dilutes the Trademarks or SearchItWithUs. Nothing contained on the Site or Services or a SearchItWithUs site, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of SearchItWithUs, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and SearchItWithUs may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You acknowledge that SearchItWithUs and its partners and affiliates own all rights, title and interest in the SearchItWithUs Site and Services, and services provided through or in conjunction with the Site and Services, including without limitation all Intellectual Property Rights.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or Services. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site or Services.
Links within or accessed from SearchItWithUs or the Site or Services may link to other sites or platforms ("Reference Sites"). We are not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that We have no liability and are not responsible at all for anything on or linked from or occurring as a result of Your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of SearchItWithUs and SearchItWithUs does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
If We mention or link to any third party service provider or vendor, You agree that We are not responsible for even the most trusted third party service providers / vendors; We encourage You to determine for Yourself whether any such third party service providers / vendors are right for You and Your particular needs. SearchItWithUs is mentioning or providing links to third party service provider or vendors as a convenience, and even if SearchItWithUs is remunerated in some fashion, SearchItWithUs is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by third party service providers or vendors. You agree that SearchItWithUs assumes and has no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any third party service provider or vendor Site or Your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, etc. of SearchItWithUs and SearchItWithUs does not endorse or affirmatively support anything on or linked from any third party service provider or vendor Site. Access and use of third party service provider or vendor sites, including the information, materials, products, and services on or available through third party service provider or vendor sites is solely at Your own risk.
Your use of the Site or Services is governed by Our privacy policy (the "Privacy Policy"), which is available here (https://searchata.com/privacy.php) and is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to collection, use, and disclosure of Your personal information. Notwithstanding anything to the contrary in the Privacy Policy, We Our affiliates or agents may contact You, including by telephone or email (if you provide us with such information), including after this Agreement (the Terms) expires or is terminated, and Your agreement to the Terms constitutes Your request that We contact and communicate with You, including by traditional mail, private courier, telephone (land and mobile), email, texts, through social media such as Facebook, Twitter, Google+, YouTube, Vimeo, and various blogs.
We may report to law enforcement authorities any actions that We believe may be illegal, and any reports We receive of such conduct. When we believe we are legally required to do so or at Our discretion, We may cooperate with law enforcement agencies, regulators, or parties to a civil action in any investigation or requests for information, including of alleged illegal activity related to Us or the Site or Services or on the Internet, and may disclose information that We have about You.
Some or all of our Site or Services business affiliates or partners may have their own privacy policies, and You agree with and to those in connection with those Site or Services and business affiliates or partners, however, in relation to Us if there is any conflict between Our Privacy Policy which would give You greater rights the provisions of these Terms and Our Privacy Policy will govern.
YOUR USE OF ANY SEARCHITWITHUS SITE OR SERVICES OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. SEARCHITWITHUS IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICES (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY SITE OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THESITE OR SERVICES, OR FOR ANY LACK OF ACCESS TO ANY SITE OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). SEARCHITWITHUS HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY SITE OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY US OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).
SEARCHITWITHUS, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE OR SERVICES(OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH THE SITE OR SERVICES (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH SITE OR SERVICE, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH SITE OR SERVICE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL SEARCHITWITHUS, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, ANY SITE OR SERVICES (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF SEARCHITWITHUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SEARCHITWITHUS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER [ALTHOUGH WE TRY TO PROTECT AGAINST THAT].
REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY SEARCHITWITHUS CONCERNING ACTIONS SEARCHITWITHUS MAY OR WILL TAKE, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY.
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY SITE OR SERVICES TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE OR SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE MAY INTERRUPT THE SITE OR SERVICESAT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF WE KNOWSOR HAVE BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICES, OR RECEIVED THROUGH ANY REFERENCE SITES.
THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR US THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
IN NO EVENT WILL SEARCHITWITHUS OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', ATTORNEYS', OR THIRD-PARTY PARTNERS', LICENSORS', OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF THE SITE OR SERVICES, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE OR SERVICES, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICESOR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, IF THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY AT ALL. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU AGREE THAT THE FOREGOING DOES NOT GIVE YOU ANY RIGHT TO ASSERT, AND YOU WILL NOT ASSERT, THAT THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY OR THAT THE VENUE FOR ANY SUCH CLAIMS WOUD BE IN SUCH JURISDICTION AND YOU AGREE NOT TO ASSERT
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SITE OR SERVICES SET OUR PRICES AND OTHER CONSIDERATION, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOUR ONLY REMEDY with respect to any breach by Us of any term in these Terms, Our Privacy Policy, violation of any right or law, or dissatisfaction with (i) the Site or Services, Reference Site, or Third Party Vendor, (ii) any term of these Terms, (iii) any policy or practice of SearchItWithUs, or any Reference Site, or Third Party Vendor in operating the Site or Services, is to terminate Your account and discontinue using any and all Site or Services.
SearchItWithUs operates from its headquarters in the State of Nevada in the United States of America and the Site or Service may not be appropriate or available for use in other locations. If You use the Site or Services outside the United States of America, You are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms are contingent on Your compliance with this and all other provisions.
You agree to indemnify, defend, save, and hold harmless SearchItWithUs, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any SearchItWithUs Platform, Service, Content, any violation by You of any term of these Terms, or any breach of the representations, warranties, promises, or covenants made by You herein. SearchItWithUs reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless SearchItWithUs, and You agree to cooperate with SearchItWithUs's defense of these claims. SearchItWithUs will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
YOU AND WE AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE OR SERVICES, EXCEPT FOR OUR RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 12, REGARDING YOUR REMEDIES.
If a dispute arises between You and SearchItWithUs, we would like to achieve a neutral and cost effective means of resolving disputes quickly. Except as set forth otherwise in these Terms, You and SearchItWithUs agree to resolve any claim or controversy at law ("Claim"), and although You have waived Your right to seek equitable or injunctive relief, should You attempt to pursue such relief in contravention of Your agreement not to, You will seek to resolve any claim or controversy at equity, that arises out of Your use of any SearchItWithUs Extension, Site, Or Service, or these Terms in accordance with one of the subsections below or as SearchItWithUs and You otherwise agree in writing, signed by hand, on paper. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This Agreement (the Terms) is governed in all respects by the laws of the State of Nevada and controlling U.S. federal law, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against SearchItWithUs, or SearchItWithUs may have against You, must be resolved exclusively by a state or federal court located in Washoe County, Nevada, USA, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts (and arbitrators) located within Washoe County, Nevada, USA, for the purpose of litigating all such claims or disputes.
Arbitration Option - Although Section 12 regarding Your remedies governs, for any claim (excluding claims by SearchItWithUs for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If we are unable to agree upon an ADR provider then the default ADR provider will be the American Arbitration Association, JAMS, or Judicate West, as decided by the party submitting the claim for arbitration.
Improperly Filed Claims - All claims You bring against SearchItWithUs must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. Should You file a claim contrary to this Dispute Resolution Section, SearchItWithUs may recover attorneys' fees and costs up to $1,000, provided that SearchItWithUs has notified You of the improperly filed claim, and You have failed to promptly withdraw the claim.
You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.
SearchItWithUs reserves all rights not expressly granted in these Terms.
SearchItWithUs reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. SearchItWithUs reserves the right to monitor Your use of any SearchItWithUs Extension to ensure compliance with this Agreement. If SearchItWithUs, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Agreement, SearchItWithUs reserves the right to take such action deemed necessary to resolve this issue.
In accordance with Cal. Civ. Code §1789.3, if You are domiciled in California You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have questions or comments, please send us a note at [email protected].