Welcome to SearchHammer.com By using
our site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you
do not agree to these terms, you should not use this site. The term
“BuilderConstructor”, “us” or “our”
refers to SearchHammer.com, the legal name of the owner of the
Web site. The term “you” refers to the user or viewer
of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in
this Terms of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright.
The Site, including any content, software and services
offered thereon, are the property of SearchHammer.com and
its suppliers. It is protected by the copyright and/or other intellectual
property laws of India and internationally. You are hereby authorized
solely to view and to retain a copy of pages of this Site for your
own personal use. Do not duplicate, publish, modify, or otherwise
distribute the material on this Site unless specifically authorized
in writing by SearchHammer.com to do so. You hereby acknowledge
and agree that, as between SearchHammer.com and you, all right,
title, and interest in and to the Site and the provision thereof,
including without limitation any patent rights, patents, business
methods, copyrights, trademarks, trade secrets, inventions, know-how,
and all other intellectual property rights pertaining thereto, shall
be owned exclusively by SearchHammer.com. Except as expressly
authorized by SearchHammer.com herein, you agree not to make,
copy, display, modify, rent, lease, license, loan, sell, distribute,
or create derivative works of the Site, in whole or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part
of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and
any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the
following restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit, sell,
rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
retrieved from it; (b) use the Site or any materials obtained from
the Site to develop, of as a component of, any information, storage
and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content
and Materials from the Site; (d) use any Content and Materials from
the Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of us or any
third parties; (e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now
existing or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h) use
any automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on or through
the Site, in violation of the export control laws or regulations
of the United States.
5. Forms, Agreements & Documents
We may make available through the Site or through
other Web sites sample and actual forms, checklists, business documents
and legal documents (collectively, “Documents”). All
Documents are provided on a non-exclusive license basis only for
your personal one-time use for non-commercial purposes, without
any right to re-license, sublicense, distribute, assign or transfer
such license. Documents are provided for a charge and without any
representations or warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE
DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions
to ensure the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents necessary
for your particular transactions, as the Documents are only samples
and may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
6. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through
the Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not warrant
or guarantee the accurateness, completeness, adequacy or currency
of the information contained in or linked to the Site. Your use
of information on the Site or materials linked to the Site is entirely
at your own risk. We are not a law firm and the Site is not a lawyer
referral service.
7. Linking to the Site.
You may provide links to the Site, provided (a)
that you do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your site
does not engage in illegal or pornographic activities, and (c) you
discontinue providing links to the Site immediately upon request
by us.
8. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the illegality or any
error, inaccuracy or problem in the advertiser’s or sponsor’s
materials.
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will
be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
10. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents,
advertisers, product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense related to your violation of this Agreement or
use of the Site.
11. Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to obtain information
or documents is not transferable or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE,
EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
(a) We and any Affiliated Party shall not be liable
for any loss, injury, claim, liability, or damage of any kind resulting
in any way from (a) any errors in or omissions from the Site or
any services or products obtainable therefrom, (b) the unavailability
or interruption of the Site or any features thereof, (c) your use
of the Site, (d) the content contained on the Site, or (e) any delay
or failure in performance beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
14. Use of Information.
We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you
and all information provided by you in any manner consistent with
our Privacy Policy. All remarks, suggestions, ideas, graphics, or
other information communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have
full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
15. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
16. Links to other Web Sites.
The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any
linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
17. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in San Francisco, California, and shall be
governed by and construed in accordance with the laws of the State
of California (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall
not apply in interpreting this Agreement. This Agreement and all
incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event
of an acquisition, sale or merger. If any provision of this agreement
is held illegal, invalid or unenforceable for any reason, that provision
shall be enforced to the maximum extent permissible, and the other
provisions of this Agreement shall remain in full force and effect.
If any provision of this Agreement is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with a legal, valid,
and unenforceable provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally possible. To the
extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement shall survive any
termination of this Agreement. The title, headings and captions
of this Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this agreement.
18. Arbitration.
Any legal controversy or legal claim arising
out of or relating to this Agreement or our services, excluding
legal action taken by us relating to Site operations and/or intellectual
property, shall be settled solely by confidential binding arbitration
in accordance with the commercial arbitration rules of JAMS applicable
at the time the arbitration commences. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in San Francisco, California.
Each party shall bear its own attorneys' fees. Each party shall
bear one-half of the arbitration fees and costs incurred through
JAMS.
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