Terms of Use and End User License Agreement

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use and End User License Agreement, along with any Terms of Offer appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of the website and related information, data, products and services (collectively, the "Services" or "Service"). YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND END USER LICENSE AGREEMENT, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, "TOU/EULA").

The Service is owned by WebSearch, LLC, with a mailing address of 999 West Yamato Road, Suite 100, Boca Raton, FL 33431-4478 (which may be referred to herein as "WebSearch.com," "we," or "us").

We may change any of the terms contained in the TOU/EULA at any time by posting the revised TOU/EULA on this website. If we revise the TOU/EULA, such revision shall be effective thirty (30) days after posting the new TOU/EULA on this site. You are responsible for periodically reviewing changes to this TOU/EULA, which you can do by clicking on the "Terms of Use" or similar link. You agree that your continued use of the Service following any changes to this TOU/EULA and after the changes take effect will constitute your acceptance of such changes. If you do not agree to such changes to the TOU/EULA, your only remedy is to discontinue use of the Service.

DESCRIPTION OF WEBSEARCH SERVICES

The Services are provided on an AS IS and AS AVAILABLE basis. WebSearch disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only.

WebSearch Website:

The website consists of a search engine service with access to the search results of many search providers on the Internet.

SERVICES, FEES, TERMINATION

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.

PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

Copyright Notice

The Service is controlled and operated by us. The Service, and all materials accessible through the Services, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Notification and Procedure for Making Claims of Copyright Infringement

You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:

Designated Agent for DCMA Notices
WebSearch.com
c/o Kris R. Keeney, Esq.
4510 Cox Road, Suite 109
Glen Allen, Virginia 23060

If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

A physical or electronic signature of the person authorized to act on behalf the copyright owner;
Identification or description of the copyrighted work you claim has been infringed;
Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
Your address, telephone number, and email address;
A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

Trademarks

"WebSearch" and other marks, logos, and service names are our trademarks and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

Licenses Granted

Subject to your compliance with all the terms and conditions of this TOU/EULA, and in consideration of your promises reflected in this TOU/EULA, we grant to you a limited license to make use of the Services. This license expressly excludes, without limitation, any resale, or modification of the Services or any portion thereof and making any derivative works based upon or distributing or copying the Services, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Any unauthorized use terminates the permission or license granted by us in this paragraph. In addition, the license is subject to the following:

The materials provided herein are for personal, non-commercial use only;
Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice;
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us; and
You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

ACCEPTABLE USE POLICY

ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU/EULA.

For example, you may not use the Services to create, transmit, distribute, or store material that:

Violates a trademark, copyright, trade secret or other intellectual property rights of others
Violates the privacy, publicity or other personal rights of others
Impairs the privacy of communications
Contains obscene, offensive or inappropriate content
Constitutes pornography
May be threatening, abusive or hateful
Violates export control laws or regulations
Encourages conduct that would constitute a criminal offense or give rise to civil liability
Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
Assists or permits any persons in engaging in any of the activities described above
Involves deceptive on-line marketing

If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.

We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU/EULA and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.

INDEMNIFICATION

You agree to indemnify us, defend us and hold us harmless as well as our affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney's fees, arising from or in any way related to any breach of this TOU/EULA or any use by you of the Services, or by any other person using the Services through you or using your computer, or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.

NO WARRANTY

YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU/EULA OR THE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.

Other Provisions

By using the Service, You:

agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.
consent to exclusive personal jurisdiction and venue in a court located in Palm Beach County, Florida for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement or to this website;
agree that you may not assign any or all of your rights and obligations under this TOU/EULA without the prior written consent of WebSearch.com, which may be withheld in our sole discretion.
agree that all provisions of this TOU/EULA relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
agree that nothing in this TOU/EULA shall be deemed to convey any third party rights or benefits;
agree that except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
agree that if any portion of this TOU/EULA is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;
agree that no waiver of any breach of any agreement or provision of this TOU/EULA, nor any failure to assert any right or privilege contained in this TOU/EULA, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision; and
agree that this TOU/EULA (including all policies, notices and other terms incorporated into this TOU/EULA by reference) constitutes the entire agreement between you and WebSearch.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

Last Updated: February 23, 2010

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