These
Terms of Service (the “User Terms”) describe your rights and responsibilities
when using Search Divergence (the “Services”), such as Search Divergence
extension, or any other services we may provide to you, the User. Please read
them carefully.
To the extent prohibited by applicable
law, the Services are not intended for and should not be used by anyone under
the age of sixteen. You represent that you are over the legal age. You may not
access or use the Services for any purpose if the preceding sentence is not
true. Without limiting the foregoing, you must be of legal working age.
·
comply with all applicable laws and
governmental regulations, including, but not limited to, all intellectual
property, data, privacy, and export control laws, and regulations promulgated
by any government agencies;
·
use the Services to store or transmit any
User Data that may infringe upon or misappropriate someone else’s trademark,
copyright, or other intellectual property, or that may be tortious or unlawful;
·
upload to, or transmit from, the Services
any data, file, software, or link that contains or redirects to a virus, Trojan
horse, worm, or other harmful component or a technology that unlawfully
accesses or downloads content or information stored within the Services or on
the hardware of Artery Limited or any third party;
·
attempt to reverse engineer, decompile,
hack, disable, interfere with, modify, or disrupt the features, functionality,
integrity, or performance of the Services (including any mechanism used to
restrict or control the functionality of the Services), any third party use of
the Services, or any third party data contained therein (except to the extent
such restrictions are prohibited by applicable law);
·
access, search, or create accounts for
the Services by any means other than our publicly supported interfaces (for
example, “scraping” or creating accounts in bulk);
·
send altered, deceptive or false
source-identifying information, including “spoofing” or “phishing”;
·
authorize, permit, enable, induce or
encourage any third party to do any of the above.
If we believe that there is a violation
of the User Terms or any of our other policies that can simply be remedied by
removal of certain User Data or taking other action, we may directly step in
and take what we determine to be appropriate action (including disabling your
account) if we believe there is a credible risk of harm to us, the Services,
Users, or any third parties. NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE
OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL HAVE NO
FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM
AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED
DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO
THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT
TO SEEK AND OBTAIN EQUITABLE RELIEF.
As our business evolves, we may change
these User Terms. You can review the most current version of the User Terms at
any time by visiting this page. Any material revisions to these User Terms will
become effective on the date set forth in our notice, and all other changes
will become effective on the date we publish the change. If you use the
Services after the effective date of any changes, that use will constitute your
acceptance of the revised terms and conditions.
The User Terms will be enforced to the
fullest extent permitted under applicable law. If any provision of the User
Terms is held by a court of competent jurisdiction to be contrary to law, the
provision will be modified by the court and interpreted so as best to
accomplish the objectives of the original provision to the fullest extent
permitted by law, and the remaining provisions of the User Terms will remain in
effect.
The User Terms, including any terms
incorporated by reference into the User Terms, constitute the entire agreement
between you and us and supersede all prior and contemporaneous agreements,
proposals or representations, written or oral, concerning its subject matter.
To the extent of any conflict or inconsistency between the provisions in these
User Terms and any pages referenced in these User Terms, the terms of these
User Terms will first prevail, followed by the pages referenced in these User
Terms (e.g., the Privacy Policy).
Please also feel free to contact us if
you have any questions about the Terms of Service, contact us at: emailus@searchdivergence.com