Terms of Service

[Last Modified: March 7, 2018]

The company (we, us or Company) owns and runs the search product currently known as lookupgarden.com (Offer). These Terms of Service (Terms of Service), together with our Privacy Policy (collectively, Terms), govern your (you, user(s)) use of the Offer and the Services defined below.

These Terms form an electronic contract and a legally binding agreement between you and us. You warrant that you are eligible to accept them and are at least 13 years old. You also acknowledge the class action waiver and arbitration requirement explained in the dispute resolution provisions below. Accessing or downloading the Offer, or using the Service, confirms that you have read and understood these Terms and agree to comply with them and all applicable laws and regulations when using the Service. If you do not accept these Terms, you have no authorization to access or use the Service in any way.

The Service and Your License

The Offer lets you personalize your browsing experience and will change your browser's search settings. Use of the Offer and its features is referred to collectively as the Service(s). The Services are available solely for your personal, non-commercial use. If you accept and comply with these Terms, you receive a limited, revocable, non-transferable and royalty-free license to use the Service (License). This use is permitted only on one device that you own or control.

User Warranties and Use Restrictions

You must use the Services in accordance with all applicable laws, rules, regulations and industry standards. You agree not to: (i) bypass, disable or otherwise interfere with security features of the Offer or Service; (ii) copy, sell, lease, share, sublicense, distribute or otherwise transfer the Offer or Service; (iii) modify, alter, create derivative works from, reverse engineer, decompile or disassemble the Offer, or otherwise try to obtain its source code; (iv) remove, deface, obscure or change copyright notices, trademarks or other proprietary rights; (v) access the Services through automated methods, including scraping, crawling, data mining, robots, spiders or other automatic devices; or (vi) otherwise use the Services unlawfully or fraudulently, including infringing or misappropriating another party's intellectual property or privacy rights, or breaching these Terms.

At our sole discretion, we may limit, deny or cancel any or all Service functions at any time without advance notice. We may also suspend, remove, restrict or disable your access to any part or all of the Service at any time, without notice or liability and at our sole discretion. The Company will not be liable for any such suspension, removal, restriction or disabling of access to the Service or its features.

Ownership and Reserved Rights

Except for rights expressly granted to you in these Terms, we retain all express and implied rights in the Service, its derivatives, improvements and modifications, and the related intellectual property rights. Trademarks, service marks, product names and trade names displayed on or through the Service belong to us or to third parties.

Third-Party Content

The Services may contain content from third parties or links to third-party websites (together, "Third Party Content"). The relevant third party's terms and conditions apply when you use that content through the Services. We do not control Third Party Content and have no duty to examine, review or monitor it. We accept no responsibility for its accuracy, completeness, suitability or legality. You use Third Party Content entirely at your own risk and responsibility. Its availability through the Service does not signify our endorsement or authorization. We may delete or remove Third Party Content without notice. You waive any claims, legal rights or remedies against us relating to Third Party Content.

Service Updates and Upgrades

From time to time, we may choose, at our sole discretion, to supply and install automatic updates or upgrades to the Services. You consent to receiving them without advance notice. When we consider an update or upgrade to contain material changes, we will provide an appropriate notice.

The preceding provision does not require us to supply any new version, update or upgrade of the Services.

Warranty Disclaimer and Liability Limits

To the fullest extent allowed by law, the Company gives no warranty and has no obligation to supply support, updates or upgrades for the Offer or Services. We do not guarantee constant availability or operation free from interruptions or errors, and we are not responsible for unauthorized access to or use of the Services. The Services and related features are supplied AS-IS and AS-AVAILABLE, with no warranty of any kind. To the maximum extent permitted by applicable law, the Company disclaims all express and implied warranties, including warranties of design, operation, fitness for a particular purpose, satisfaction, merchantability and non-infringement. You alone bear all risks associated with using or relying on the Services.

The Company and its officers, employees, licensors, affiliates, successors and assigns will have no liability to you or a third party for matters connected with these Terms or your use of, or inability to use, the Services, whether under contract, tort or another theory. This exclusion covers direct, indirect, special, incidental, exemplary, punitive and consequential damages, including loss or damage to business earnings, goodwill, profits or data, computer damage, system failure and the cost of obtaining replacement goods or services, suffered by you or any third party, even if we have been expressly told that such damages are possible. For errors or dissatisfaction with the Services, your sole right or remedy is to stop using them and uninstall. Notwithstanding the preceding provisions, to the fullest extent permitted by applicable law, the Company's total liability for any claim arising from or related to the Services or these Terms will never exceed the cost of the Services.

Your Indemnification Obligations

You agree to indemnify, defend and hold harmless the Company, its employees, officers, directors, subsidiaries, affiliates and other partners against all claims, demands, suits, costs, damages, losses, liabilities and expenses, including legal expenses and reasonable attorneys' fees, that arise from or are incurred because of your use of the Services or breach of these Terms. Your actions while using the Services remain solely your responsibility.

Duration and Termination

These Terms take effect on the date you agree to the Offer. You may stop using the Services and remove the Offer whenever you wish through your browser's standard uninstall process. If you fail to comply with any provision of these Terms, both these Terms and the License granted under them end immediately, without notice and without affecting any other rights. We may also terminate these Terms and discontinue, terminate, suspend or change any aspect of the Service at any time, with or without advance notice and with or without cause.

Handling Your Privacy

The Company respects users' privacy rights and handles and stores user data only to provide and enable the Service. Before using the Service, please read our Privacy Policy.

Resolving Disputes

If a dispute arises between you and us, please first contact us and try to resolve it informally. If that informal, friendly process does not resolve the dispute, you and the Company agree that any claim will be resolved exclusively through binding arbitration by the AAA (American Arbitration Association). By accepting these Terms, both you and the Company waive the right to a jury trial and to take part in a class action. All claims must be brought in each party's INDIVIDUAL CAPACITY, rather than as a plaintiff or class member in a purported class or representative proceeding. The arbitrator may not combine claims belonging to more than one person. This provision remains effective after these Terms terminate. To opt out of the arbitration provision, you must give the Company a clear written statement that you wish to opt out (Opt-Out Statement), including your full name and residential address. The laws of the State of New York govern these Terms and their interpretation, without applying conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, even if it would otherwise apply. You agree to resolve any dispute exclusively in a state or federal court in New York, Manhattan. Any cause of action relating to the Service must be brought within one (1) year of the incident giving rise to it; after that period it is permanently barred.

Revisions to the Terms

We may, at our discretion, change or update these Terms at any time. Amendments become effective when the revised Terms are published. The Last Modified heading will reflect the latest revision. YOUR CONTINUED USE OF THE SERVICES AFTER THAT PUBLICATION CONFIRMS YOUR CONSENT TO THE CHANGES AND YOUR AGREEMENT TO BE BOUND BY THEM. PLEASE REVIEW THESE TERMS REGULARLY.

Contact Us

For questions about these Terms or to report someone violating them, use our contact form at contact.html or email us at info@lookupgarden.com.