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SEARCH AMERICA® WEB SITE
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS OF USE
("TERMS") CAREFULLY BEFORE USING THIS WEB SITE.
USING THIS WEB SITE INDICATES THAT YOU ACCEPT
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS,
DO NOT USE THIS WEB SITE. SEARCH AMERICA
RESERVES THE RIGHT TO REVISE, AMEND OR MODIFY
THESE TERMS AND OUR OTHER POLICIES AND
AGREEMENTS AT ANY TIME AND IN ANY MANNER BY
UPDATING THIS POSTING. You should visit
this page from time to time to review the
then-current Terms because they are binding on
you. Certain provisions of these Terms may be
superseded by expressly designated legal
notices or terms located on particular pages at
this Site.
Use of Site. Search America ("Search
America") authorizes you to access, view and
download the text, graphics, images, documents
and other materials ("Content") contained in or
made available through this Website ("Site")
only for your personal, non-commercial use. You
must retain all copyright and other proprietary
notices contained in the original Content. You
may not modify the Content at this Site in any
way or reproduce or publicly display, perform,
or distribute or otherwise use them for any
public or commercial purpose. For purposes of
these Terms, any use of the Content on any
other Website or networked computer environment
for any purpose is prohibited. The Content at
this Site is copyrighted and any unauthorized
use of any Content at this Site may violate
copyright, trademark, and other laws. No title
to nor ownership of any Content is transferred
to you. All rights not expressly granted by
Search America to you are retained by us. You
are responsible for obtaining and maintaining
all telephone, computer hardware and other
equipment needed for access to and use of the
Site and all related charges.
Restrictions on Use. This Site may only
be used for lawful purposes consistent with all
rights of other parties and may not be used to
violate any state, federal, or local laws.
Unlawful activities include but are not limited
to storing, distributing or transmitting any
threatening, libelous, defamatory, obscene, or
pornographic or any other content (by email,
uploading, posting, or otherwise) in violation
of privacy rights or copyright or trademark
rights, or attempting to compromise the
security of this Site or any networked account.
You are expressly prohibited from violating or
attempting to violate the security of this
Site, including, without limitation, (a)
accessing data not intended for you or logging
into a server or account which you are not
authorized to access, (b) attempting to probe,
scan, or test the vulnerability of a system or
network or to breach security or authentication
measures without proper authorization, or (c)
attempting to interfere with service to any
other user, host, or network, including,
without limitation, via means of submitting a
virus to the Site, overloading, "flooding",
"spamming", "mailbombing",
“mailbasting”, or "crashing".
Violations of system or network security may
result in civil or criminal liability. Search
America may investigate occurrences which
involve such violations and may involve, and
cooperate with, law enforcement authorities in
prosecuting those who are involved in such
violations. Search America requests that anyone
who believes that there is a violation of these
Terms direct the information to
info@searchamericanow.com.
Termination. Search America may
terminate your Client-User or Candidate-User
Account or your use of this Site immediately,
without prior notice, if Search America, in its
sole discretion believes you have violated
these Terms, or any of the applicable user
policies. Upon any termination of your User
Account, you must immediately stop accessing
and destroy any Content downloaded or printed
from this Site. Except as otherwise expressly
provided herein, all sections of these Terms,
which by their nature should survive
termination, will survive termination,
including, without limitation, the sections
pertaining to proprietary rights, warranty
disclaimers, indemnification and limitations of
liability.
Third Party Software. You may be able to
download third party software ("Third Party
Software") from this Site. If you download
Third Party Software from this Site, use of the
Third Party Software is subject to the license
terms associated with such Third Party Software
in the applicable end user software license
agreement(s) that accompanies or is provided
with such Third Party Software ("End User
Software License Agreement"). You may not
download or install the Third Party Software
until you have read and accepted the terms of
the End User Software License Agreement.
Candidate-user and client-User
Responsibilities. You will be given a
time-sensitive user name and password ("User
Account"). You are also solely responsible for
any and all activities that occur under your
User Account and ensuring that you exit or
log-off from your User Account at the end of
each session of use. The individual, to whom a
user name and password are issued, is
responsible for guarding the privacy of that
user name and password, which may not be
transferred to or shared with any other person
or entity. You will notify Search America
immediately of any unauthorized use of your
password or User Account. Although, Search
America has taken what it considers to be
reasonable and customary security precautions
and measures to safeguard your User Account
information we cannot and do not guarantee the
effectiveness of our security measures or the
safety of your User Account information sent to
or from this Site over the Internet.
User Communications and Submissions. Any
content, information or other communication you
transmit or post through this Site will be
considered non-confidential and non-proprietary
("Communications"). Search America will have no
obligations with respect to the Communications.
Search America and its designees will be free
to copy, disclose, distribute, incorporate and
otherwise use the Communications and all data,
images, sounds, text, and other things embodied
therein for any and all commercial or
non-commercial purposes. Search America will
own all right, title and interest, including
all related intellectual property rights, to
any suggestions, ideas, feedback,
recommendations, or other information provided
by you relating to the Site ("Submissions") and
if required, you agree to assign such
Submissions to Search America free of charge.
Search America may use such Submissions as it
deems appropriate in its sole discretion.
Search America may, but is not obligated to,
monitor or review any areas on the Site where
users transmit or post Communications or
communicate solely with each other, including
but not limited to chat rooms, bulletin boards
or other user forums, and the content of any
such Communications. We reserve the right to
remove any Content that, in our sole judgment,
may be considered to be illegal or may violate
these Terms. Search America will have no
liability related to the content of any such
Communications, whether or not arising under
the laws of copyright, libel, privacy,
obscenity, or otherwise.
Links To Other Web Sites. Links to third
party Web sites ("Third Party Sites") on this
Site are provided solely as a convenience to
you. If you use these links, you will leave
this Site. Search America has not reviewed any
of these Third Party Sites and does not control
and is not responsible for any of these Third
Party Sites or their content. Search America
does not endorse or make any representations
about any of these Third Party Sites, or any
information, software or other products or
materials found there, or any results that may
be obtained from using such sites. If you
decide to access any of the Third Party Sites
linked to this Site, you do this entirely at
your own risk.
Privacy Policy. Please see our Privacy
Policy, which contains a description of the
information gathering and dissemination
practices for this Site. As a condition to the
use of this Site, users of this Site expressly
agree to the terms set forth in our Privacy
Policy, which is incorporated by reference in
to these Terms as if they were fully set forth
in these Terms.
Disclaimer. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. SEARCH AMERICA MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS
OF THE SITE OR ANY CONTENT. SEARCH AMERICA DOES
NOT REPRESENT OR WARRANT THAT: (I) THE USE OR
OPERATION OF THE SITE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE, (II) THE SITE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III)
ANY STORED CONTENT WILL BE ACCURATE OR RELIABLE
OR ITS INTEGRITY MAINTAINED, (IV) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE
CORRECTED, (VI) THE SITE OR THE SERVER(S) THAT
MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. SEARCH AMERICA HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR THE CONTENT ON THIS SITE. THE
SITE AND ALL CONTENT IS PROVIDED TO YOU
STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
BY SEARCH AMERICA.
Limitation of Liability. IN NO EVENT
WILL SEARCH AMERICA, ITS OFFICERS, DIRECTORS
AND EMPLOYEE OR ITS SUPPLIERS, OR OTHER THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF
USE OF THIS SITE, ANY WEB SITES LINKED TO THIS
SITE, OR THE CONTENT OR INFORMATION CONTAINED
AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
CONTENT OR INFORMATION FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. IN NO EVENT SHALL SEARCH AMERICA'S
LIABILITY EXCEED THE AMOUNT ACTUALLY PAID, IF
ANY, BY YOU FOR THE SITE IN THE 12 MONTHS PRIOR
TO THE ACT OR INJURY THAT GAVE RISE TO THE
LIABILITY. BECAUSE SOME STATES AND
JURISDICTIONSDO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Indemnification. You agree to indemnify,
defend and hold harmless Search America, its
officers, directors and employees and its
suppliers from and against any liabilities,
losses and reasonable costs and expenses
(including reasonable attorney's fees) arising
out of any claims or suits by any third party
connected with or resulting from your use of
this Site in any unlawful manner or in any
manner inconsistent with these Terms.
U.S. Government Restricted Rights.
Government users will receive no greater than
Restricted Rights as defined in FAR 52.227-14,
FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR
252.227-7013(c)(1)(ii) (Oct 1988), DFAR
252.221-7015(c) (May 1991), DFAR 252.227-7014,
or DFAR 252.227-7018 as applicable in any
Software at this Site. Government users will
secure no greater than limited rights as
defined in FAR 52.227-14, DFAR 252.227-7015,
DFAR 252.227-7018, or DFAR 252.227-7013 as
applicable in any technical data at this
Site.
Applicable Laws. This Site is
administered by Search America from its offices
in Dallas, Texas and by MembersFirst from its
offices in Sudbury, Massachusetts. Search
America makes no representation that materials
at this Site are appropriate or available for
use outside the United States, and access to
them from territories where their contents are
illegal is prohibited. You may not use or
export or re-export the materials at this Site
or any copy or adaptation in violation of any
applicable laws or regulations including
without limitation U.S. export laws and
regulations. If you choose to access this Site
from outside the United States, you do so on
your own initiative and are responsible for
compliance with applicable local laws. These
Terms will be governed by and construed in
accordance with the laws of the State of Texas,
without giving effect to any principles of
conflicts of laws. You agree that any legal
action or proceeding between you and Search
America for any reason arising out of or
relating to these Terms or the parties'
obligations hereunder shall be brought
exclusively in a court of competent
jurisdiction sitting in the city of Dallas,
Texas and you submit to the jurisdiction of
such court. Any cause of action or claim you
may have with respect to Search America must be
commenced within one (1) year after the claim
or cause of action arises.
General. If any provision of these terms
and conditions is held invalid or unenforceable
by any court of competent jurisdiction, that
holding will not invalidate or render
unenforceable any other provision of these
Terms. Notwithstanding any provision to the
contrary, Search America will not be liable to
you for any delay or interruption in
performance of any obligation resulting from
governmental emergency orders, judicial or
government action, emergency regulations,
sabotage, riots, vandalism, labor strikes or
disputes, acts of god, fires, electrical
failure, major computer hardware or software
failures, equipment delivery delays, acts of
third parties, or any other cause if the delay
or interruption in performance is beyond its
reasonable control. The failure of Search
America to exercise or enforce any right or
provision of these Terms does not constitute a
waiver of such right or provision. Except as
otherwise stated above in these Terms, these
Terms may not be waived or modified except in
writing. These Terms constitute the entire
agreement between you and Search America and
governs your use of this Site, superceding any
prior agreements between you and Search America
regarding the subject matter contained in the
Terms.
Revised March, 2007
Copyright ©2007 Search
America® All rights
reserved.
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