Terms of Service
[Last Modified: March 7, 2018]
The company (we, us or Company) owns and runs the search product currently called resultstone.com (Offer). These Terms of Service (Terms of Service), together with our Privacy Policy (collectively, Terms), govern your (you, user(s)) use of the Offer and our Services, as defined below.
These Terms form an electronic contract and a legally binding agreement between you and us. You warrant that you are eligible to enter into this agreement and are at least 13 years old. You also acknowledge the class action waiver and arbitration provision described in the Dispute Resolution section below. By accessing or downloading the Offer, or using the Service, you confirm that you have read and understood these Terms and agree to comply with them and with applicable laws and regulations when using our Service. If you do not accept these Terms, you have no authorization to access or use our Service in any way.
Service and License
The Offer lets you personalize your browsing experience and will change your browser's search settings. The Offer and its features are referred to collectively as the Service(s). The Services are available only for your personal, non-commercial use. Provided you accept and comply with these Terms, you receive a limited, revocable, non-transferable, royalty-free license to use the Service (License). This License permits use only on one device that you own or control.
Users Warranties and Restrictions of Use
You must use the Services in accordance with all applicable laws, rules, regulations and industry standards. You agree that you will not: (i) bypass, disable or otherwise interfere with security features of the Offer or Service; (ii) copy, sell, lease, share, sublicense, distribute or otherwise transfer the Offer or Service; (iii) modify, alter, create derivative works from, reverse engineer, decompile or disassemble the Offer, or otherwise try to access its source code; (iv) remove, deface, conceal or alter any copyright, trademark or other proprietary rights notices; (v) access the Services through automated methods, including scraping, crawling, data mining, robots, spiders or any other automatic device; or (vi) use the Services illegally or fraudulently, including, without limitation, infringing or misappropriating third-party intellectual property or privacy rights, or otherwise violating these Terms.
At our sole discretion, we may limit, deny or cancel any or all Service functionality at any time without advance notice. We may also suspend, remove, restrict or disable your access to any part or all of the Service at any time, without notice or liability, at our sole discretion. The Company will not be liable for any suspension, removal, restriction or disabling of your access to the Service or its features.
Title and Ownership
Except for the rights expressly granted to you in these Terms, we retain all express and implied rights in the Service, including its derivatives, improvements, modifications and related intellectual property rights. Trademarks, service marks, product names and trade names displayed on or through the Service belong to us or to third parties.
Third Party Content
The Services may contain third-party material or links to third-party websites (together, Third Party Content). Using Third Party Content through the Services is subject to the relevant third party's terms and conditions. We neither control Third Party Content nor have a duty to examine, review or monitor it. We are not responsible for its accuracy, completeness, appropriateness or legality. You therefore use Third Party Content entirely at your own risk and responsibility. Its availability through the Service does not imply our endorsement or authorization. We may delete or remove Third Party Content without notice. You waive any claims, legal rights or remedies against us relating to Third Party Content.
Updates and Upgrades
From time to time, at our sole discretion, we may supply and install automatic updates or upgrades to the Services. You agree to receive them without advance notice. If we consider an update or upgrade to include material changes, we will give you an appropriate notice.
Despite the foregoing, we have no obligation to supply new versions, updates or upgrades to the Services.
Disclaimer of Warranties, Limitation of Liabilities
To the fullest extent allowed by law, the Company gives no warranty of, and has no obligation to provide, support, upgrades or updates for the Offer or Services. We do not warrant that the Service will always be available or operate without interruption or error, and we are not responsible for unauthorized access to or use of the Services. The Services and related features are supplied AS-IS and AS-AVAILABLE, with no warranties of any kind. To the maximum extent permitted by applicable law, the Company disclaims all express and implied warranties, including, without limitation, warranties concerning design, operation, fitness for a particular purpose, satisfaction, merchantability and non-infringement. You alone bear all risk from using or relying on the Services.
The Company and its officers, employees, licensors, affiliates, successors and assigns will have no liability to you or any third party for matters arising from these Terms or your use of, or inability to use, the Services, whether in contract, tort or otherwise. This exclusion covers direct, indirect, special, incidental, exemplary, punitive and consequential damages, including loss or damage to business earnings, goodwill, profits or data, computer damage, system failure and the cost of obtaining replacement goods or services, suffered by you or any third party, even if we have been expressly advised that such damages are possible. Your sole right or remedy for errors in, or dissatisfaction with, the Services is to stop using them and uninstall. Notwithstanding the foregoing, to the fullest extent permitted by applicable law, the Company's total liability for any claim arising from or relating to the Services or these Terms will never exceed the cost of the Services.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its employees, officers, directors, subsidiaries, affiliates and other partners against all claims, demands, suits, costs, damages, losses, liabilities and expenses, including legal expenses and reasonable attorneys' fees, arising from or incurred because of your use of the Services or breach of these Terms. You alone are responsible for your actions while using the Services.
Term and Termination
These Terms take effect on the date you agree to the Offer. You may stop using the Services and uninstall the Offer whenever you wish through your browser's standard uninstall process. Without affecting any other rights, your License and these Terms end immediately and without notice if you fail to comply with any provision. We may also terminate these Terms and discontinue, terminate, suspend or modify any aspect of the Service at any time, with or without advance notice and with or without cause.
Privacy Practices
The Company respects users' privacy rights and handles and stores user data solely to provide and enable the Service. Read our Privacy Policy before using the Service.
Dispute Resolution
If a dispute arises between you and us, first contact us to try to resolve it informally. If an informal, friendly resolution is not possible, you and the Company agree that any claim will be resolved exclusively through binding arbitration by the AAA (the American Arbitration Association). By accepting these Terms, both you and the Company waive the right to a jury trial and to participate in a class action. Claims must be brought in each party's INDIVIDUAL CAPACITY, rather than as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not combine claims from more than one person. This provision remains effective after these Terms end. To opt out of this arbitration provision, you must give the Company a clear written statement of your decision (Opt-Out Statement), including your full name and residential address. These Terms are governed by and interpreted under the laws of the State of New York, without regard to conflict of law principles, and specifically exclude the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. You agree to resolve any dispute with us exclusively in a state or federal court in New York, Manhattan. Any cause of action relating to the Service must be brought within one (1) year of the incident giving rise to it and is permanently barred after that period.
Changes to the Terms
We may revise or update these Terms at any time, at our discretion. Amendments take effect when the revised Terms are published, and the latest revision is identified in the Last Modified heading. YOUR CONTINUED USE OF THE SERVICES AFTER PUBLICATION CONFIRMS YOUR CONSENT TO THE CHANGES AND YOUR AGREEMENT TO BE BOUND BY THEM. REVIEW THESE TERMS PERIODICALLY.
Contact Us
For questions about these Terms or to report a violation, use our contact form available at contact.html or email info@resultstone.com.