USER AGREEMENT
1. ACCEPTANCE OF TERMS:
Welcome to The Search Guru. The Search Guru provides a website to you, subject to the following User Agreement (“Agreement”), which The Search Guru updates from time to time without notice to you. In addition, when using The Search Guru’s website, you are subject to any posted guidelines or rules applicable to the website. The Search Guru will post those guidelines or rules from time to time. The Search Guru hereby incorporates by reference all guidelines or rules into the Agreement.
You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, before using The Search Guru’s website. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY THEN DO NOT USE OR ACCESS THE SEARCH GURU’S WEBSITE.
2. ELECTRONIC COMMUNICATIONS:
When you visit www.thesearchguru.staging.wpengine.com or send emails to The Search Guru, you are communicating with The Search Guru electronically. You consent to receive communications from The Search Guru electronically. The Search Guru will communicate with you by e-mail or by positing notices on this site. You agree that all agreements, notices, disclosures and other communications that The Search Guru provides to you electronically satisfy any legal requirement to communicate in writing.
3. BREACH:
Without limiting other remedies, The Search Guru may refuse to allow you to use its website if: (a) you breach this Agreement, the Privacy Policy or the documents incorporated by reference; (b) The Search Guru is unable to verify or authenticate any information you provide to it; or (c) The Search Guru believes that your actions may cause financial loss or legal liability.
4. PRIVACY:
THE SEARCH GURU DOES NOT SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES WITHOUT YOUR CONSENT AND THE SEARCH GURU ONLY USES YOUR INFORMATION AS DESCRIBED IN THE SEARCH GURU’S PRIVACY POLICY. The Search Guru views protection of your privacy as a very important community principle. The Search Guru clearly understands that you and your information are one of its most important assets. The Search Guru stores and processes your information on computers located in the United States. The Search Guru protects this information utilizing physical and technological security devices. If you object to the transfer or use of your information in this manner, please do not use The Search Guru’s website.
5. THE SEARCH GURU’S PROPRIETARY RIGHTS:
You acknowledge and agree that The Search Guru’s website and any necessary software used in connection with The Search Guru’s website contain proprietary and confidential information protected by applicable intellectual property and other laws.
You further agree that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect the content posted or information presented to you through The Search Guru’s website. Except as expressly authorized by The Search Guru, you agree not to modify, rent, lease, sell, distribute or create derivative works based on The Search Guru’s website or the software, in whole or in part.
The Search Guru or its content suppliers own the property rights to all content included on this website, including text, graphics, logos, button icons, images, data compilations, and software, unless otherwise noted or acknowledged. The Search Guru also owns the exclusive property rights to the compilation of all content on this site. The Search Guru or its software supplier also owns all software used on this site. United States and international copyright laws protect all of these property rights.
The terms Search Guru and The Search Guru are trademarks of The Search Guru, Inc. Without The Search Guru’s prior permission, you agree not to display or use in any manner, The Search Guru’s marks.
6. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SEARCH GURU AND ITS EMPLOYEES PROVIDE ITS WEB SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE SEARCH GURU AND ITS EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOUR USE OF THIS WEBSITE TO OBTAIN INFORMATION FROM THE SEARCH GURU IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SEARCH GURU’S WEBSITE.
YOU FURTHER ACKNOWLEDGE THAT THE SEARCH GURU PROVIDES NO WARRANTY IN CONNECTION WITH ANY ADVICE OR INFORMATION YOU OBTAIN FROM THE SEARCH GURU OR ITS WEBSITE.
7. LIMITATION OF LIABILITY:
THE SEARCH GURU AND ITS EMPLOYEES ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE), FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST DATA, INTERRUPTIONS OR LOST PROFITS ARISING OUT OF OR RELATING TO YOUR USE OF THE SEARCH GURU’S WEBSITE OR RELATING TO ANY BREACH OF THIS AGREEMENT.
8. EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXLCUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINLGY, SOME OF THE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
9. LIMITATION OF CLAIMS
Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of The Search Guru’s website or the Agreement within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of The Search Guru’s website or the Agreement within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.
10. LINKS:
The Search Guru may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Search Guru has no control over those sites and resources, you acknowledge and agree that The Search Guru is not responsible for the availability of those external sites or resources, and The Search Guru neither endorses nor accepts responsibility or liability for any content, advertising, products, or other material on or available from those sites or resources. You further acknowledge and agree that The Search Guru is not responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any content, goods or services available on or through any site or resource.
11. INDEMNITY:
You agree to indemnify and hold The Search Guru and its affiliates, officers, directors, agents, and employees harmless from any third party claim(s), settlement of claim(s) or demand(s), including reasonable attorneys’ fees, due to or arising out of your breach of the Agreement or the documents it incorporates by reference, your violation of any law or rights of a third party, your use of The Search Guru’s website, or your connection to The Search Guru’s website.
12. APPLICABLE LAWS-ARBITRATION-JURISDICTION-VENUE
The laws of the State of Ohio, without regard to conflict of law provisions, govern this Agreement, including any interpretations of the Agreement. You and The Search Guru agree to submit to arbitration, conducted pursuant to the rules of the American Arbitration Association, any disputes or claims arising out of 1.) the use of The Search Guru’s website, 2.) this Agreement, or 3.) the Privacy Policy. You further agree that Ohio has exclusive jurisdiction and venue over these disputes and claims and you consent to the exclusive jurisdiction and venue of Ohio.
13. MODIFICATIONS TO SERVICE:
The Search Guru reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its website (or any part thereof) with or without notice. You agree that The Search Guru has no liability to you or to any third party for any modification, suspension, or discontinuance of The Search Guru’s website.
14. TERMINATION:
You agree that The Search Guru, in its sole discretion, may terminate your use of its website, for any reason, including, without limitation, if The Search Guru believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. The Search Guru may also in its sole discretion and at any time discontinue providing its website, or any part thereof, with or without notice. You also acknowledge and agree that The Search Guru may terminate your access to its website under any provision of this Agreement without prior notice. Further, you agree that The Search Guru is not liable to you or any third party for any termination of your access to its website.
15. GENERAL PROVISIONS
You agree that The Search Guru, in its sole discretion, may automatically assign the Agreement and all incorporated documents to a third party in the event of a merger or acquisition. If any court of law finds any provision of the Agreement invalid, void, unenforceable, or illegal, the remaining provisions shall remain in effect and enforceable. You also understand that headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of any section. The Search Guru’s failure to act with respect to a breach of the Agreement by you or others does not waive The Search Guru’s right to act with respect to subsequent or similar breaches.
16. NOTICE:
The Search Guru may notify you via either email or regular mail. The Search Guru’s website may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on its website.
17. ENTIRE AGREEMENT:
The Agreement constitutes the entire agreement between you and The Search Guru and governs your use of its website, superseding any prior agreements between you and The Search Guru.