Terms of Service

[Last Modified: March 7, 2018]

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

These Terms are an electronic contract that creates a legally binding agreement between you and us. You warrant that you are qualified to enter into this agreement and are at least 13 years of age. You also acknowledge the class action waiver and arbitration requirement set out 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 follow them and all applicable laws and regulations when using the Service. If you do not accept the Terms, you have no authorization to access or use the Service in any way.

Service and License

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

Users Warranties and Restrictions of Use

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

We may, at our sole discretion and without advance notice, limit, refuse or cancel any or all Service functionality at any time. We may likewise suspend, remove, restrict or disable your access to some or all of the Service at any time, in our sole discretion, without notice or liability. The Company will not be liable for any suspension, removal, restriction or disabling of access to the Service or its features.

Title and Ownership

We retain every express or implied right in the Service except those expressly granted to you in these Terms. This includes rights in derivatives, improvements and modifications, and all associated intellectual property rights. Trademarks, service marks, product names and trade names displayed on or through the Service belong to us or to the relevant third parties.

Third Party Content

The Services may contain third-party material or links to third-party websites (together, "Third Party Content"). The relevant third party's terms and conditions apply to your use of that content through the Services. We neither control Third Party Content nor have a duty to inspect, review or monitor it. We take no responsibility for its accuracy, completeness, appropriateness or legality. You therefore 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 any Third Party Content without notice. You waive any claim, legal right or remedy against us relating to Third Party Content.

Updates and Upgrades

From time to time, we may choose, at our sole discretion, to deliver and install automatic Service updates or upgrades. You consent to receiving them without advance notice. Where we consider an update or upgrade to include material changes, we will provide an appropriate notice.

These provisions do not require us to supply any new version, update or upgrade of the Services.

Disclaimer of Warranties, Limitation of Liabilities

To the fullest extent the law permits, the Company gives no warranty and has no obligation to provide support, updates or upgrades for the Offer or Services. We do not guarantee uninterrupted, error-free or continuous Service availability, 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, without warranties of any kind. To the maximum extent allowed by applicable law, the Company disclaims all express and implied warranties, including warranties concerning design, operation, fitness for a particular purpose, satisfaction, merchantability and non-infringement. You bear all risk associated with using or relying on the Services.

Neither the Company nor its officers, employees, licensors, affiliates, successors or assigns will be liable to you or any third party for matters arising from these Terms or from use of, or inability to use, the Services, whether under contract, tort or otherwise. 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 a third party, even if we have been expressly advised that such damages are possible. If the Services contain errors or leave you dissatisfied, your sole right or remedy is to stop using them and uninstall. Regardless of the foregoing, to the fullest extent permitted by applicable law, the Company's total liability for any claim connected with the Services or these Terms will never exceed the cost of the Services.

Indemnification

You agree to indemnify, defend and hold harmless the Company and 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, arising from or incurred because of your use of the Services or breach of these Terms. Responsibility for your actions while using the Services rests solely with you.

Term and Termination

These Terms take effect on the date you accept the Offer. You may stop using the Services and uninstall the Offer whenever you choose, using your browser's standard uninstall procedures. Without affecting any other rights, both the License and these Terms end immediately and without notice if you breach any provision. We may also terminate the Terms and discontinue, end, suspend or change any aspect of the Service at any time, with or without advance notice and with or without cause.

Privacy Practices

We respect our users' privacy rights and process and store user data only to provide and enable the Service. Read our Privacy Policy before using the Service.

Dispute Resolution

If a dispute arises, first contact us to try to settle it informally. If that informal, friendly process does not resolve the dispute, you and the Company agree that any claim will be resolved exclusively by binding arbitration through the AAA (American Arbitration Association). By accepting these Terms, both you and the Company waive the right to a jury trial and to participate in a class action. Claims must be brought only in each party's INDIVIDUAL CAPACITY, never as a plaintiff or class member in a purported class or representative proceeding. An arbitrator may not consolidate the claims of more than one person. This provision continues to apply after the Terms end. To opt out of this arbitration provision, you must send the Company a clear written declaration of your decision (the "Opt-Out Statement"), including your full name and residential address. The laws of the State of New York govern the interpretation and application of these Terms, 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 that any dispute with us will be resolved 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.

Changes to the Terms

We may amend or update these Terms at any time at our discretion. Each amendment becomes effective when the revised Terms are published. The Last Modified heading will identify the latest revision. CONTINUING TO USE THE SERVICES AFTER PUBLICATION MEANS THAT YOU ACCEPT THE CHANGES AND AGREE TO BE BOUND BY THEM. PLEASE CHECK THE TERMS REGULARLY.

Contact Us

For questions about these Terms or to report a violation, contact us through the contact form available at contact.html or email info@querybrook.com.