Terms of Service
[Last Modified: March 7, 2018]
The company (we, us or Company) owns and operates the search product currently known as lookuppath.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 the Company. 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 requirements 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 all applicable laws and regulations when using the Service. If you do not accept these Terms, you have no authorization to access or use the Service in any way.
The Service and Your License
The Offer lets you personalize your browsing experience and will modify your browser search settings. Use of the Offer and its features is referred to here as the Service(s). The Services are available solely for your personal, non-commercial use. Provided you accept and comply with these Terms, we grant you a limited, revocable, non-transferable, royalty-free license to use the Service (License). This permission extends only to a single device that you own or control.
User Assurances and Use Restrictions
You must use the Services in accordance with all applicable laws, rules, regulations and industry standards. You agree not to: (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, make derivative works from, alter, reverse engineer, decompile or disassemble the Offer, or otherwise attempt to obtain its source code; (iv) remove, deface, obscure or alter copyrights, trademarks or other proprietary rights; (v) access the Services through automated means, including scraping, crawling, data mining, robots, spiders or other automatic devices; or (vi) use the Services unlawfully or fraudulently, including by infringing or misappropriating third-party intellectual property or privacy rights, or otherwise breaching 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 and at our sole discretion. The Company will not be liable for any such suspension, removal, restriction or disabling of access to the Service or its features.
Ownership and Reserved Rights
Except for the rights expressly granted in these Terms, we retain all express and implied rights in the Service, its derivatives, improvements and modifications, and all related intellectual property. Trademarks, service marks, product names and trade names appearing on or through the Service belong to the Company or their respective third-party owners.
Content from Third Parties
The Services may contain third-party content or links to third-party websites (together, "Third Party Content"). Access to and use of that content through the Services is governed by the relevant third party's terms and conditions. We do not control Third Party Content, have no duty to examine, review or monitor it, and accept no responsibility for its accuracy, completeness, suitability or legality. You use it entirely at your own risk and responsibility. Its availability through the Service does not indicate our endorsement or authorization. We may delete or remove Third Party Content without notice. You waive any claims, legal rights or remedies against us concerning Third Party Content.
Service Updates and Upgrades
We may supply and install automatic updates or upgrades to the Services from time to time at our sole discretion. You agree to receive them without prior notice. If we consider an update or upgrade to involve material changes, we will give you an appropriate notice.
The foregoing does not require us to supply any new version, update or upgrade of the Services.
Warranty Disclaimers and Liability Limits
To the fullest extent allowed by law, the Company makes no warranty and has no obligation to provide support, upgrades or updates for the Offer or Services. We do not warrant uninterrupted, error-free or continuous availability, 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, without warranties of any kind. To the maximum extent permitted by applicable law, the Company disclaims all express and implied warranties, including warranties of design, operation, fitness for a particular purpose, satisfaction, merchantability and non-infringement. You alone bear all risks associated with using or relying on the Services.
Neither the Company nor its officers, employees, licensors, affiliates, successors or assigns will be liable to you or any third party for matters arising from these Terms or from 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 losses of business earnings, goodwill, profits or data, computer damage, system failure and the cost of obtaining substitute 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 or dissatisfaction with the Services is to stop using them and uninstall. Regardless of 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.
Your Indemnity Obligations
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 bear sole responsibility for your actions while using the Services.
Duration and Termination
These Terms take effect on the date you accept the Offer. You may stop using the Services and uninstall the Offer at any time through your browser's standard uninstall procedures. If you breach any provision of these Terms, both these Terms and the License granted under them end immediately without notice, without affecting any other rights. We may also terminate these Terms and discontinue, terminate, suspend or change any part of the Service at any time, with or without prior notice and with or without cause.
Handling of User Information
The Company respects its users' privacy rights and handles and stores user data only to provide and enable the Service. Before using the Service, please read our Privacy Policy.
Resolving Disputes
If a dispute arises with us, please contact us first and attempt to resolve it informally. If an informal, amicable resolution cannot be reached, you and the Company agree that any claim will be resolved exclusively through binding arbitration by the AAA (American Arbitration Association). By accepting these Terms, both parties waive the right to a jury trial and participation in a class action. Claims must be brought in each party's INDIVIDUAL CAPACITY, never as a plaintiff or class member in a purported class or representative proceeding, and an arbitrator may not combine the claims of more than one person. This provision continues after termination of these Terms. To opt out of this arbitration provision, send the Company a clear written statement expressing that choice (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 applying conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded, even if it would otherwise apply. 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; after that period, it is permanently barred.
Revisions to the Terms
We may change or update these Terms whenever we choose, at our discretion. Changes become effective when the amended Terms are published. The Last Modified heading will show the latest revision. CONTINUING TO USE THE SERVICES AFTER THAT PUBLICATION MEANS YOU CONSENT TO THE CHANGES AND AGREE TO BE BOUND BY THEM. PLEASE REVIEW THESE TERMS PERIODICALLY.
Contact Details
For questions about these Terms or to report a violation, use our contact form at contact.html or email info@lookuppath.com.