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.
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 firstname.lastname@example.org.
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.
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.
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@example.com.