Service Agreement For
Search Import

Welcome to Search Import® (the "Site"), the on-line service. By using the Site you agree to the following terms and conditions.

USER CONDUCT

The Site and its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the "Content") are the property and copyrighted material of Search Import, its licensors and vendors. "Content" also includes any material from the Site that Search Import delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal use. You may not modify, copy, distribute, forward, display, repost, sublicense, create derivative works from, transfer or sell any Content except as permitted in this Agreement.

"Search Import®" logos, product names and trade names are trademarks or registered trademarks of Search Import®. ALL trademarks used on the Site are the property of their respective owners. Search Import trademarks may be used only with the express permission of Search Import.

If you download any software from the Site, including but not limited to shareware, Freeware, commercial demonstrations, and files downloaded from servers linked to but not affiliated with the Site ("Software"), you agree that you will not (and will not permit any third party to) remove or obscure any copyright, trademark or other proprietary notices or legends or any end-user terms and conditions from any copy of such Software.

If you would like to make photocopies for educational or internal business usage or store and display an article or newsletter incorporated into the Site on your internal network, you first must contact Search Import® 101-215 Parkdale Avenue. Ottawa, ON. K1Y 4T8.

If you would like to quote a portion of a Search Import article or newsletter incorporated into the Site you must: (1) submit the text to be quoted to Search Import for approval; (2) list the author, the title of the article or newsletter, the URL of the specific Site page from which the quote was obtained, and the date the article or newsletter was posted by Search Import; (3) repost or reprint the quote in full as approved, without any alteration to the copy. For approval, please contact James R. Colbert.

If you would like to republish Search Import's articles and newsletters in full on other Web sites or media or make any commercial use of the Content, you must first obtain a license from Search Import. Generally such licenses will not be granted without payment of a license fee and a detailed description and sample of the proposed use. To inquire further about obtaining such a license, contact James R. Colbert.

If you would like to order official reprints of Search Import editorials for use in media kits, in press kits, or at trade shows, contact James R. Colbert. Search Import will provide copies of articles or newsletters in an 8.5" by 11" color format.

USER PARTICIPATION

You may post material to our pay-per-click database, free listings, forums and other interactive areas of the Site. However, you may not post any material that (1) abusive or threatening to others; (2) infringes the copyright, trademark or other right of any third party; (3) uploads viruses or other contaminating or destructive features; or (4) is in violation of any applicable laws or regulations. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify SI, its officers and employees from and against all claims, liabilities, judgments, damages and costs (including attorney's fees) which arise out of materials you have posted on the Site. If Search Import becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material.

You grant to Search Import the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you.

ACCOUNT MANAGEMENT

Search Import in not responsible for loss or damage to any user account database. All deposits made to such account is NON REFUNDABLE. We may terminate any user account if deemed to be abusive or otherwise ignoring the agreement without a refund. By placing funds in your account to be used for clickthrough traffic, you are agreeing that we do not guarantee any specific amount of traffic to your URL. As long as the account remains open, the monies deposited are to be used up in our clickthrough programs or special offers through our other sites or partners. If user should terminate their own account, they do so with the understanding that NO monies will be refunded.

Any fraudulent attempts to add money to accounts and/or open more than one free test drive account without following through with the actual payment will result in fraud charges and/or billing administration fees for the cleanup of such acts if confirmation is not received from our merchant account that you just had a problem with them.

Free accounts that are offered as a cross promotion with other partners are considered a ONE TIME activation. You are welcome to target as many keywords and point to as many site URLS as you like. However, signing up again using another name, e-mail, URL, etc., is strictly forbidden. We do a strenuous search when a new account is activated and if we determine that you are trying to deceive us, your accounts will be terminated and all funds that are presently recorded will be lost. NO EXCEPTIONS!

If your free account runs out of fees, you are required to make a deposit if you wish to stay active. You CAN NOT sign up for a new free account for at least one (1) year.

Affiliate Partners

DO NOT advertise our search engine, affiliate program, or any of our other sites at Search Import. This would be an unfair advantage over other paying clients that are bidding for the same keywords for their promotions. It would also artificially inflate the bidding prices. Any affiliate trying to do so will be terminated immediately and all funds in your account will be lost. However, you are allowed to advertise your own site and any other opportunities as long as they qualify for the keywords you use. You can also advertise any of our sites on other PPC engines. Just be sure to use your assigned affiliate code.

No form of deception attempts will be tolerated. Any affiliate trying to do so will be terminated immediately and all funds in your account will be lost.

NOTE: ANY links to our site that we have credited to you will be continuously monitored for the eligibility of using funds that we deposit. If links are removed, we will have no choice but to debit the account for the funds we paid. Any earnings made for clickthrough traffic will remain. You can place as many banners and links that you want on your site, but remember, we only pay one $25 dollar fee per site. The rest of your earnings come from the clickthrough rates and bonuses.

PURCHASE OF PRODUCTS AND DOWNLOADING OF SOFTWARE

You may have the opportunity to order or receive merchandise and services, and to download Software (collectively "Products") through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by Search Import) are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.

By using the Site you acknowledge and agree that Search Import and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.

By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Search Import nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

LIMITATION OF LIABILITY AND DISCLAIMERS

ANY INFORMATION, PRODUCT (INCLUDING SOFTWARE) OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SEARCH IMPORT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE AND NEITHER REPRESENTS NOR WARRANTS THAT ANY SOFTWARE DOWNLOADED FROM THE SITE OR ANY LINK THERETO WILL BE ERROR-FREE OR VIRUS-FREE.

SEARCH IMPORT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF SEARCH IMPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You understand that user-posted material expresses the views of that user and not the view of Search Import, and that except as otherwise stated in this Agreement, Search Import does not undertake to review, screen or approve user-posted material.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that Search Import is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Search Import of that Web site.

The Site includes Content concerning various products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.

GENERAL

Search Import reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.

Search Import reserves the right to change the Site at any time at its sole discretion without notice to users. Search Import may deny access to the Site to anyone at any time.

This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by Search Import, its licensors or vendor in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.

This Agreement shall be governed by and construed in accordance with the laws of Canada, as applied to contracts entered into and performed within Canada.

The foregoing notwithstanding, nothing in this Agreement will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy or redress (including without limitation injunctive or other equitable relief) for any infringement of copyright, trademark rights, or other intellectual property rights.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

 

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