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Terms
of Service - Search-Products.com
Search-Products.com defines
"The
User" as individuals who access to its content,
resources, tools for communication, public
forums, commerce platforms, and other services
through the website http://www.kerala-yellow-pages.com%20and%20“http://www.search-products.com. "The Service" means
availability of content, contact information
and other details of enlisted members through
the web sites mentioned above. “The user”
is allowed to the access the information
free of charge.
Search-Products.com provides
its service to the user, subject to the
following Terms of Service. Search-Products.com is
not responsible for providing you access
facilities or equipment (in any form) to
its service. You, "The User", also comprehends
and concur that 'The Service' may include
advertisements and sponsorships and that
these are necessary for Search-Products.com
to provide 'The Service'. You also comprehend
and agree that Search-Products.com makes
no submission about the suitability, reliability,
availability, timeliness and accuracy of
the information, products, services and
related graphics contained within "The Service"
for any purpose. "The Service" is provided
"as is" without warranty of any kind. Search-Products.com
hereby disclaims all warranties and conditions
with regard to "The Service".
ACKNOWLEDGMENT AND ACCEPTANCE
OF TERMS OF SERVICE
"The Service" is provided
to you, "The User", under the terms and
conditions and any amendments thereto and
any operating rules or policies that may
be published from time to time by Search-Products.com
as part of the Terms of Service. The Search-Products.com
Terms of Service comprises the entire agreement
between the User and Search-Products.com
and supersedes any prior agreements pertaining
to the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS AND
CLICKING THE "SUBMIT" BUTTON, YOU ARE AGREEING
TO BE BOUND BY THE Search-Products.com Terms
of Service.
MODIFICATION OF THESE TERMS
OF USE
Search-Products.com reserves
the right to change any of the terms, conditions,
and notices under which "The Service" are
offered. You are responsible for regularly
reviewing these terms and conditions including
changes/modifications if any incorporated
by us from time to time. Your continued
use of 'The Service' constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION TO 'THE SERVICE'
Search-Products.com reserves
the right to modify or discontinue, temporarily
or permanently, 'The Service' (or any part
of 'The Service') with or without notice
to the user at any time and from time to
time. 'The User' agrees that Search-Products.com
shall not be liable to the User or any third-party
for any modification or discontinuance of
the Service.
USER CONDUCT
"The Service" may include
e-mail services, message boards, chat areas,
news groups, forums, communities and/or
other message or communication facilities
designed to enable you to communicate with
others (collectively, "Tools for Communication").
You agree to use the Tools for Communication
only to post, send and receive messages
and material that are proper and, when applicable,
related to the particular tool for Communication.
You also hereby agree that you shall not
make use of "The Service" for any commercial
purpose other than the permitted e-commerce
sections.
Registration Obligations
As a condition of your use
of "The Service" you, 'The User' agree to
provide:
- true, accurate, current and complete information about
yourself as required by the Service's
registration form (such data being the
"Registration Information ")
- Maintain and promptly update the Registration Information
to keep it accurate, current and complete.
If you provide any information that is
untrue, inaccurate, not current or incomplete,
Search-Products.com has the right to terminate
the user account and refuse any and all
current or future use of 'The Service'.
- Search-Products.com the right to use / disclose the
aggregate registration information to
third parties in connection with marketing
of services. You have also consented Search-Products.com
the right to use your registration information
to provide targeting of advertising and
other service offers. This could be also
be used to customize the content you see,
to fulfill your requests for certain products
and services and to contact / intimate
you about special offers or new products.
Usage Obligations As a condition of your
use of "The Service" you will not use
"The Service" for any illegal purposes.
You will be solely responsible for the
contents of transmissions made by you
through "The Service".
We may serve advertisements
to this site or work with a third party
to serve the advertisements. Advertisements
placed on the site may include but are not
limited to banner ads, paid links, pop-up
windows, buttons, and sponsorships. You
agree that Search-Products.com has the right
to run such advertisements and promotions.
Search-Products.com does not
store any data that is considered sensitive
or controversial (specific medical and financial
information, adult content, sexual preference,
etc.)
Search-Products.com and/or
third parties may, from time to time, send
email messages to Users containing advertisements,
special promotions, and other marketing
materials ("Email Marketing Programs") based
on the agreed terms between Search-Products.com
and its selected partner(s). Search-Products.com
also offers Users permission-based email
services. Users must decide to "opt-in"
to our email services during the registration
process or through a link on the Search-Products.com
site before they receive any email services,
newsletters, special promotions or other
marketing materials ("Opt-In Email Programs").
Search-Products.com has the right to partner
with any email marketers to provide these
Email Marketing Programs or Opt-In Email
Programs.
You agree not to use "The
Service" to:
- Obstruct or hinder the use and enjoyment of "The Service"
by other Users;
- Intentionally or unintentionally violate any applicable
local, state, national, and international
laws and regulations; including, but not
limited to, any rules of any national
or other securities exchange, including,
without limitation, the New York Stock
Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having
the force of law;
- Impersonate any person or entity, or falsely state
or otherwise misrepresent your affiliation
with a person or entity;
- Interfere with or disrupt the Service or servers or
networks connected to the Service, or
defy any requirements, regulations or
guidelines of networks connected to "The
Service";
- Transmit or otherwise make available any material in
connection with surveys, chain letters,
junk email, spamming, contests, pyramid
schemes, or any duplicative or unsolicited
messages (commercial or otherwise);
- Upload, post, email, transmit or otherwise make available
any content that is unlawful, damaging,
intimidating, hostile, offensive, harassing,
defamatory, improper, obscene, vulgar,
invasive of another's privacy, caste related,
ethnically or otherwise objectionable;
- Upload, post, email, transmit or otherwise make available
any content protected by any patent, trademark,
copyright or other intellectual proprietary
laws unless you own or control the rights
thereto or have received all necessary
consents to do the same;
- Upload files that contain viruses, worms, corrupted
files or any other similar software or
programs designed to disrupt, damage or
limit the operation of any computer or
telecommunications equipment or property
of another;
- "Stalk" or otherwise harass other users; collect or
store personal data about other users.
- Advertise, Promote or offer to sell or buy any goods
or services for any business purpose unless
The Service specifically allows such messages
or transactions.
- Reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion,
use or access of the Service. (l) harm
minors in any way;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content
transmitted through the Services or develop
restricted or password-only access pages,
or hidden pages or images (those not linked
to from another accessible page);
- Upload, post or otherwise transmit any Content that
you do not have a right to transmit under
any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information
learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of
the Services are able to type, or otherwise
act in a manner that negatively affects
other users' ability to engage in real
time exchanges;
- Promote or provide instructional information about
illegal activities, promote physical harm
or injury against any group or individual,
or promote any act of cruelty to animals.
This may include, but is not limited to,
providing instructions on how to assemble
bombs, grenades and other weapons, and
creating "Crush" sites.
Search-Products.com has no
obligation to observe and monitor The Service.
However, Search-Products.com reserves the
right to review materials posted and to
remove any material/s. Search-Products.com
reserves the right to block all mails from
mailing lists and groups whose content is
legally categorized as explicit, obscene,
adult and pornographic in nature. Search-Products.com
also reserves the right to terminate your
access to any or all of The Services, at
any time, without notice, for any reason
whatsoever.
Search-Products.com reserves
the right at all times to divulge any information
as it considers necessary to satisfy any
applicable law, regulation, legal process
or governmental request, or to edit, refuse
to post or to remove any information or
materials, in whole or in part. These would
be more applicable to the publicly accessible
areas of The Service that are intended to
be available to the general public. For
example, publicly accessible areas of The
Service would include Message Boards, Chat
that are open to both registered users and
visitors.
Technical Processing
In view of the global nature
of the world wide web, the User understands
and agrees that technical processing of
tools of communication is (and may be) required
to send and receive messages, to correspond
/ conform to the technical requirements
of connecting networks, to correspond /
conform to the limitations of The Service,
or to correspond / conform to other, similar
technical requirements.
User account, password
and security
As part of The Service's registration
process you will provide us with current,
complete and accurate information as requested
by the registration form wherever applicable.
You will then choose a user name and password.
You take total responsibility for maintaining
the confidentiality of your password and
account. You may change your password by
following the instructions on the system.
You are also entirely responsible
for any and all activities that occur under
your account. You agree to notify Search-Products.com
immediately of any unlawful / unauthorised
use of your account or any other security
violation. You agree to ensure that you
exit from your account at the end of each
session. You understand that Search-Products.com
will not be liable for any loss or damage
in any form incurred as a result of unauthorised
usage of your account, with or without your
knowledge. However, you could be held liable
for losses or damages incurred by Search-Products.com
or a third party as a result of your failure
to comply with this clause. You also agree
not to use anyone else's account, at any
time, without the prior permission of the
account holder.
.
Search-Products.com DISCLAIMER
Registration Information and
certain other information about you is subject
to our Disclaimer. For more information,
see our Disclaimer by clicking the appropriate
link on our site.
Some jurisdictions do not
allow the exclusion of certain warranties,
so some of the above exclusions may not
apply to User.
LIMITATION OF LIABILITY
You expressly understand and
agree that Search-Products.com shall not
be liable for any direct, indirect, incidental,
special, consequential or exemplary damages,
including but not limited to, damages for
loss of profits, goodwill, use, data, other
intangible losses, regardless of the form
of action, whether in contract, tort (including
negligence) strict product liability, or
otherwise (even if Search-Products.com has
been advised of the possibility of such
damages), resulting from:
- The use or the inability to use the service;
- The cost of procurement of substitute goods and services
resulting from any goods, data, information
or services purchased or obtained or messages
received or transactions entered into
through or from the service;
- Unauthorized access to or alteration of your transmissions
or data;
- Statements or conduct of any third party on the service;
or
- Any other matter relating to the service.
Some jurisdictions do not
allow the limitation or exclusion of liability
for incidental or consequential damages,
so some of the above limitations may not
apply to User.
CONTENT PROVIDED TO THE
SERVICE
Search-Products.com does not
claim ownership of the "content" (in the
form of information, data, text, software,
music, sound, photographs, graphics, video,
messages or other materials) you provide
to Search-Products.com (including feedback
and suggestions) or post, upload, privately
transmit, input or submit to any Search-Products.com
site or service for review by the general
public. The ownership of this content is
the sole responsibility of the person from
which such content originated. This means
that you, and not Search-Products.com, are
entirely responsible for all Content that
you upload, post or otherwise transmit via
the Service
However, by posting, uploading,
or making available content or any other
material, you grant Search-Products.com
and its affiliate sites permission to use
your submission in connection with the operation
of their Internet businesses including,
without limitation, the rights to: copy,
distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate
and reformat your submission, and to publish
your name in connection with your submission.
You comprehend and agree that
no compensation will be paid in any form
with respect to the use of your submission.
Search-Products.com, is under no obligation
to post or use any submission provided by
you and Search-Products.com retains the
sole discretion to remove any submission
at any time. You comprehend and agree that
by submitting, posting, uploading, making
available content or any other material
you warrant that you own or otherwise control
all of the rights to your submission as
described in this section including, without
limitation, all the rights necessary for
you to provide, post, upload or submit the
content or material. Search-Products.com
does not control the content posted via
the Service and, as such, does not guarantee
the accuracy, integrity or quality of such
Content.
You comprehend and agree that
by using the Service, you may be exposed
to content that is obscene, offensive, indecent
or objectionable. Under no circumstances
will Search-Products.com be liable in any
way for any content or material, for any
errors or omissions in any content, or for
any loss or damage of any kind incurred
as a result of the use of any content or
material posted, emailed, uploaded, submitted,
privately transmitted or otherwise made
available via the Service.
CONTENT MADE AVAILABLE
THROUGH THE SERVICE
All content and material that
is made available to view and/or download
in connection with the Service, excluding
content that may be made available by the
users or visitors through the Service, is
owned by and is the copyrighted work of
Search-Products.com and is protected by
copyright laws.
Search-Products.com may offer
subscriptions to newsletters or magazines
"Subscriptions". This content is made available
through the SERVICE and Search-Products.com
reserves the right to cancel or deny any
subscription to such content for any reason.
You acknowledge that content,
including but not limited to text, software,
music, sound, photographs, video, graphics
or other material contained in either sponsor
advertisements, or Internet-distributed,
commercially produced information presented
to User by the Services ("Content") by Search-Products.com
and its affiliates, advertisers and partners,
or other Search-Products.com users may be
protected by copyrights, trademarks, patents
or other proprietary rights and laws; therefore,
you are only permitted to use this protected
Content as expressly authorized by the owner
of the Content ("Owner"), the Services or
the Advertiser. You may not copy, reproduce,
distribute, or create derivative works from
this Content without expressly being authorized
to do so by the Owner, the Services or the
Advertiser.
INDEMNITY
You "The User" comprehend
and agree to indemnify and hold Search-Products.com
and its promoters, affiliates, officers
and employees, harmless from any claim or
demand, including attorneys' fees, made
by any third party due to or arising out
of your use of the Service, your connection
to the Service, your violation of the Search-Products.com
Terms of Service or any other provision
of the TOS, or the infringement or misappropriation
by the User, or a third party using User's
computer, account or password to access
and/or use the services, of any Intellectual
Property Rights of any person or entity,
or the use or misuse by the User or third
parties of User's passwords or accounts,
or your violation of any rights of another.
STORAGE AND OTHER LIMITATIONS
Search-Products.com assumes
no responsibility for the deletion, delivery
or timely delivery of email messages and
failure to store messages, other communications,
content or material maintained, posted,
uploaded, submitted or transmitted by use
of the service. Search-Products.com retains
the right to set and modify the upper limit
on the size of the message (sent or received)
on any account and storage space it will
maintain for the user. Search-Products.com
however, has set no fixed upper limit on
the number of messages a User may send or
receive through the Services.
Search-Products.com also reserves
the right to limit the maximum number of
times (and the maximum duration for which)
you may access the service over a given
period of time. You acknowledge that Search-Products.com
reserves the right to log off / disable
accounts that are inactive for a period
of three months. You further acknowledge
that Search-Products.com reserves the right
to change these general practices and limits
at any time, in its sole discretion, with
or without notice.
TERMINATION
The User agrees that Search-Products.com
may terminate the user's password, account
or use of the Service if Search-Products.com
believes that the user has violated or acted
inconsistently with the letter or spirit
of the Search-Products.com's Terms of Service,
or has violated the rights of Search-Products.com
or other users. The user further agrees
that Search-Products.com may terminate the
user's password, account or use of the Service
if the user fails to use the Service at
least one time during a period of two months.
This time period would be reviewed and determined
by Search-Products.com from time to time.
The user comprehends and agrees
that any termination of service under this
agreement under any provision of this agreement
may be effected by either party, without
cause at any time, immediately upon written
notice to the other party, and acknowledges
and agrees that Search-Products.com may
immediately delete all files (email included)
in the user's account and bar any further
access to such files or the Service. Further,
you agree that Search-Products.com shall
not be liable to you or any third-party
for any termination of your access to the
Service.
Should User object to any
terms and conditions of the TOS or any subsequent
modifications thereto or become dissatisfied
with the Services in any way, User's only
recourse is to immediately:
- Discontinue use of the Services.
- Terminate Services membership.
ASSOCIATION THROUGH THE SERVICE
Your association, correspondence
or business dealings with, or participation
in promotions of, advertisers and sponsors
found on or through the Service, including
payment and delivery of related goods or
services, and any other terms, conditions,
warranties or representations associated
with such transactions, are solely between
you and the advertiser/sponsor. You comprehend
and agree that Search-Products.com shall
not be responsible or liable for any loss
or damage of any sort incurred as the result
of any such associations or dealings or
as the result of the presence of such advertisers/sponsors
on the Service.
You also acknowledge and agree
that content/material contained in the sponsor's
advertisements, promotions or information
presented to you through the Service or
advertisers is protected by copyrights,
trademarks, service marks, patents or other
proprietary rights and laws.
ASSOCIATION / LINKS TO
THIRD PARTY
Search-Products.com may contain
links to third party Web sites "Linked Sites"
("Affiliates" / "Partner Sites"). These
Linked Sites are not under the control of
Search-Products.com and Search-Products.com
is not responsible for the contents of any
Linked Site, including without limitation
any link contained in a Linked Site, or
any changes or updates to a Linked Site.
Search-Products.com is not responsible for
webcasting or any other form of transmission
received from any Linked Site nor is Search-Products.com
responsible if the Linked Site is not working
appropriately. Search-Products.com is providing
these links and partnerships to you, for
your convenience, and the inclusion of any
link does not imply endorsement by Search-Products.com
of the site. You are responsible for viewing
and abiding by the privacy statements and
terms of use posted at the Linked Sites.
NOTICE
Notices to you may be made
via online announcements, either email or
regular mail. The Service may also provide
notices of changes to the Terms of Service
or other matters by displaying notices or
links to notices to you generally on the
Service. Search-Products.com may
broadcast notices or messages through the
Services to inform User of changes to the
TOS, the Services, or other matters of importance;
such broadcasts shall constitute notice
to User.
GENERAL
We hereby expressly disclaim
any implied warranties imputed by the laws
of any jurisdiction. We consider ourselves
and intend to be subject to the jurisdiction
only of the courts of the state of Karnataka,
India. Please report any violations of the
Terms of Service to our Support team.
ASSIGNMENT
No right may be assigned,
and no duty may be delegated, by either
party under this Agreement except upon the
written consent of the other party and any
attempted assignment and delegation without
such consent shall be void and without effect.
Notwithstanding the foregoing, however,
Search-Products.com shall be entitled to
assign this agreement, and all rights and
obligations hereunder, to a successor to
all or substantially all of its assets,
whether by sale, merger or otherwise. This
TOS shall be binding upon and shall inure
to the benefit of the parties hereto and
their respective representatives, heirs,
administrators, successors and permitted
assigns except as otherwise provided herein.
No Agency
Neither party is, nor will
it be deemed to be, an agent or legal representative
of the other party for any purpose. Neither
party will be entitled to enter into any
contracts in the name of or on behalf of
the other party, and neither party will
be entitled to pledge the credit of the
other party in any way or hold itself out
as having authority to do so.
Severability
If any provision(s) of the
TOS is/are held by a court of competent
jurisdiction to be contrary to law, or otherwise
invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible,
to reflect the intentions of the parties
with the other provisions remaining in full
force and effect.
Waiver
Any waiver (express or implied)
by either party of any breach of this TOS
shall not constitute a waiver of any other
or subsequent breach. No provision of the
TOS will be waived by any act, omission
or knowledge of a party or its agents or
employees except by an instrument in writing
expressly waiving such provision and signed
by a duly authorized officer of the waiving
party.
Statute Of Limitations
User and Search-Products.com agree that any cause of
action arising out of or related to these
Services must commence within one (1) year
after the cause of action arose; otherwise,
such cause of action is permanently barred
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