Division Search (collectively,
"Division Search", "we", or "us") is pleased to
provide you its website, and the related websites and extensions on which these
Terms of Service are posted as described in Section 1, the "Division Search
Services"). Please note that if you use the Division Search Services
described in Addendum A, these terms, along with the Supplemental Terms set
forth in Addendum A (“Supplemental Terms”), apply to those services as well.
IMPORTANT: BY USING THE SERVICE,
YOU AGREE TO RESOLVE DISPUTES WITH DIVISION SEARCH THROUGH BINDING ARBITRATION
(AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS
TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 14. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT DOWNLOAD OR ACCESS THE DIVISION
SEARCH SERVICES. Division Search's Privacy Policy is hereby incorporated into
this Terms of Service by reference. If you have any questions or concerns
regarding these Terms of Service, please email us at email@divisionsearch.com.
Do not use the Division Search Services until your questions and concerns have
been answered to your satisfaction and you agree to abide by the terms and
conditions of this Terms of Service.
1. The Division Search Services
offer a number of features that may allow you to enter and perform Internet
searches, reset your Internet browser's default homepage and/or new tab page,
customize widgets, and much more. To use such Division Search Services you may
be required you to install such services into your Internet browser. The Division
Search Services may integrate, be integrated into, or be provided in connection
with third-party services and content. We do not control those third-party
services and content. You should read the terms of use agreements and privacy
policies that apply to such third-party services and content, which may be
found on the relevant third-party's website.
The Search Applications provide
features to facilitate Internet search and communication services, including
through the Division Search search portals. This
search functionality may be implemented through browser settings and extensions
that set or default your browser homepage, start page, new tab page and/or Division
Search setting(s), depending on which Division Search Service you are using and
what options you select. If you do not wish to reset your setting(s) in this
way, you can decline or opt-out of the setting(s) change by unchecking the
appropriate checkbox during the download and installation process for the
relevant Division Search Product that provides access to the Division Search
Services. Certain Division Search Products, such as Chrome new tab products,
may be available through the online store operated by the browser developer (e.g.,
the Chrome web store) and the user disclosures and options may vary based on
the store’s requirements. The search features, as well as other
non-search-related features, may be customized by you. In addition, you can
disable or remove the default these search features by removing or disabling
the applicable files you downloaded from the Division Search Services,
depending on your browser, browser version, and tools and features provided in
your respective browser.
You must be 13 years of age or
older to install or to use the Division Search Services. If you are at least 13
but not yet 18 years of age, please have your parent or legal guardian review
this Terms of Service with you, discuss any questions you might have, and
install the Division Search Services for you.
NOTICE TO PARENTS AND GUARDIANS:
By granting your child permission to download and access a Division Search
Service, you agree to the terms of this Terms of Service on behalf of your
child. You are responsible for exercising supervision over your children's
online activities. If you do not agree to this Terms of Service, do not let
your child use the Division Search Services or associated features. If you are
the parent or guardian of a child under 13 and believe that he or she is using
the Division Search Services, please contact us at email@divisionsearch.com.
2. You may access the Division
Search Services for personal, non-commercial purposes. Use of the Division
Search Services is void where prohibited. By accessing or otherwise using the Division
Search Services, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally
bound, and to abide, by these Terms of Service, just as if you had signed a
written agreement; (ii) you have the right, authority and capacity to enter
into this agreement and to abide by all the terms and conditions of these Terms
of Service; and (iii) if you purport to be acting on the behalf of any person
or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time
and from time to time, to temporarily or permanently, in whole or in part, to:
(a) modify or discontinue the Division Search Services, including, but not
limited to (i) restricting the time the Division
Search Services are available, (ii) restricting use of certain Division Search
Services to users in specified geographic regions, (iii) restricting the amount
of use of the Division Search Services permitted (which may vary depending on
membership level), and (iv) restricting or terminating any user's right to use
the Division Search Services, with or without notice; (b) charge fees in
connection with the use of all or part of the Division Search Services; (c)
modify and/or waive any fees charged in connection with the Division Search
Services; and/or (d) offer opportunities to some or all users of the Division
Search Services. You agree that neither we nor any of our affiliates shall be
liable to you or to any third party for any modification, suspension or
discontinuance of the Division Search Services (in whole or in part), any
content, or features offered through the Division Search Services. Your
continued use of the Search Dimension Services following the posting of changes
to these Terms of Service will constitute your acceptance of such changes. We
may acquire or develop new Division Search Services from time to time that
require additional terms of service. In such case, we will add these additional
provisions in a product specific addendum or section that will only apply to
such new Division Search Service and will not vary the terms of these Terms of
Service in relation to your use of existing Division Search Services (and, as
such, we will not be required to notify you of such additional terms unless you
also use the new Division Search Services).
Subject to the terms and
conditions set forth herein, and any applicable third-party restrictions, Division
Search grants you a revocable, non-transferable, non-exclusive and
non-sublicensable, limited right and license, to access and use the Division
Search Services. Division Search reserves all rights to ownership or use not
expressly stated herein, and disclaim any and all implied licenses.
3. The Division Search Services
may integrate, be integrated into, bundled, or be provided in connection with
third-party services and/or social networks and may be available only to
registered members. The Division Search Services may also contain advertisements
for or links to other websites or resources that are not subject to these Terms
of Service or the Division Search Services' Privacy Policy. Division Search has
no control over such websites and resources, you acknowledge and agree that Division
Search is not responsible for the availability of such external websites or
resources, and does not endorse and is not responsible or liable for any
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Division Search 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 goods
or services available on or through any external website, social network or
resource. Your use of external websites or resources is at your own risk.
4. Disclaimers of Warranties ALL Division
Search SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SEARCH DIMENSION
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY
OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE,
COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, DIVISION SEARCH MAKES NO
WARRANTY THAT THE DIVISION SEARCH SERVICES WILL MEET YOUR REQUIREMENTS, THAT
THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS
OBTAINED FROM THE USE OF THE SEARCH DIMENSION SERVICES WILL BE ACCURATE OR
RELIABLE, OR THAT THE QUALITY OF THE DIVISION SEARCH SERVICES OBTAINED WILL
MEET YOUR EXPECTATIONS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN
DIVISION SEARCH SERVICES REMAINS SOLELY WITH YOU. DIVISION SEARCH EXPRESSLY
DISCLAIMS ALL WARRANTIES RELATING TO SERVICES PROVIDED BY THIRD PARTIES.
5. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT DIVISION SEARCH SHALL NOT BE LIABLE FOR ANY DIRECT, 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 DIVISION SEARCH HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DIVISION
SEARCH SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SEARCH DIMENSION SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE DIVISION
SEARCH SERVICES. IN NO EVENT SHALL DIVISION SEARCH‘S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DIVISION SEARCH SERVICES.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND
STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30)
DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SEARCH DIMENSION SERVICES,
AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
6. YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS SEARCH DIMENSION, ITS PARENTS, AFFILIATES AND SUBSIDIARY
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND
ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE DIVISION SEARCH SERVICES,
YOUR VIOLATION OF THESE TERMS OF USE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY
NOTIFY Division Search OF ANY BREACH OF SECURITY KNOWN TO YOU.
7. Division Search may in its
sole discretion and at any time terminate your use of the Search Dimension
Services and/or disable your use of the Division Search Services, for any or no
reason, including, without limitation, if we believe that you have violated or
acted inconsistently with the term or policies applicable to your use of the Division
Search Services. We may do so without advance notice, such as (but not limited
to) if we discontinue the Division Search Services or any aspect or features of
them. Further, you agree that Division Search shall not be liable to you or any
third-party for any termination of your access to the Division Search Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion
of damages, limitations of liability and indemnification shall survive
termination.
8. Arbitration and Governing Law
The exclusive means of resolving
any dispute or claim arising out of or relating to this Agreement (including
any alleged breach thereof), the Division Search Services, or the Website shall
be BINDING ARBITRATION administered within the British Virgin Islands. The one
exception to the exclusivity of arbitration is that you have the right to bring
an individual claim against the Company in a small-claims court of competent
jurisdiction. But whether you choose arbitration or small-claims court, you may
not under any circumstances commence or maintain against the Company any class
action, class arbitration, or other representative action or proceeding.
By using the Division Search
Services in any manner, you agree to the above arbitration agreement. In doing
so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims
between you and the Company (except for matters that may be taken to
small-claims court). AS FURTHER SET FORTH IN SECTION 14, YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights
will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled
to a fair hearing before the arbitrator. The arbitrator can grant any relief
that a court can, but you should note that arbitration proceedings are usually
simpler and more streamlined than trials and other judicial proceedings.
Decisions by the arbitrator are enforceable in court and may be overturned by a
court only for very limited reasons.
9. If you have any questions about this Terms of Service or our information-handling practices, please contact us by email at email@divisionsearch.com.