Terms of Service
This End User License Agreement (“EULA”) applies to your use of the SearchIQ free service and the SearchIQ paid service (collectively, the “Service”).
This EULA is a legal agreement between you and SearchIQ. By installing, accessing or otherwise using the Service, you agree to be bound by this EULA. If you are accepting this EULA on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this EULA, and, in such event, “you” and “your” will refer to that company or other legal entity.
LAST UPDATED: January 1, 2017.
- Limited License. Subject to all of the terms and conditions of this EULA, SearchIQ grants to you a non-transferable, non-sublicensable, non-exclusive limited license to use the Service. For purposes of clarification, when you pay for the SearchIQ Service, you acquire the right to use the SearchIQ Service; but you’re not actually acquiring ownership of the SearchIQ plugin or service. SearchIQ reserves the right to discontinue, modify, and change the Service at any time, with or without notice to you.
- Monthly Fee. The Monthly Fee will be billed in advance for each period and is non-refundable. There will be no refunds or credits for partial months of the Service or for periods in which your account remains active but you do not use the Service. SearchIQ reserves the right to modify the amount of the Monthly Fee at any time upon 30 days written notice by email or posting such fee changes to the SearchIQ site.
- Cancellation and Termination. If you wish to cancel the SearchIQ Service, you can do so by logging into your account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact support and they can assist you with the cancellation of your SearchIQ Service. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your SearchIQ Service, including full monthly fees for the month in which you cancelled. Upon cancellation of your SearchIQ Service, SearchIQ is under no obligation to maintain or store your account information. SearchIQ reserves the right at any time, and without cost, charge or liability, to terminate this EULA at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this EULA. In addition, SearchIQ may, in its sole discretion, at any time, temporarily or permanently suspend access to your account or the Service for any violation or suspected violation of this EULA.
- Restrictions and Unauthorized Use. You shall not (and shall not authorize any third party to): (a) decompile, disassemble, or otherwise reverse-engineer the Service or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Service by any means whatsoever; (b) sell, sublicense, rent, loan, lease, distribute, market, or commercialize the Service for any purpose; (c) remove any product identification, proprietary, copyright or other notices contained in the Service; or (d) modify or create a derivative work of any part of the Service, or incorporate the Service into or with other products or software not contemplated by this EULA.
- Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, SearchIQ and its licensors have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service and all copies, modifications and derivative works thereof.
- Support. Any updates or support for the Service will be provided as a part of the support services procured by you for the Service.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEARCHIQ (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS EULA OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF SEARCHIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SEARCHIQ’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS EULA (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Agreement to Governing Law and Jurisdiction. If there is any dispute between you and SearchIQ about or involving this EULA or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Los Angeles County, California, with respect to any claim, proceeding or action relating to or otherwise arising out of this EULA or the Service, howsoever arising, provided always that SearchIQ may seek and obtain injunctive relief in any jurisdiction.
- Indemnification. You agree to indemnify and hold SearchIQ (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of this EULA or (c) your violation of applicable laws or regulations. SearchIQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SearchIQ. SearchIQ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads“). Such Third-Party Links & Ads are not under the control of SearchIQ, and SearchIQ is not responsible for any Third-Party Links & Ads. SearchIQ provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before Proceeding with any transaction in connection with such Third-Party Links & Ads.
- Release. You hereby release and forever discharge SearchIQ (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify SearchIQ of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. SearchIQ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Entire Terms. This EULA constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision. The section titles in this EULA are for convenience only and have no legal or contractual effect. If any provision of this EULA is, for any reason, held to be invalid or unenforceable, the other provisions of this EULA will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to SearchIQ is that of an independent contractor, and neither party is an agent or partner of the other. This EULA, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SearchIQ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. SearchIQ may freely assign this EULA. The terms and conditions set forth in this EULA shall be binding upon assignees.