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Terms of Use

In order to maintain SearchFit’s system integrity and resources SearchFit expects SearchFit’s customers to act responsibly. By using the SearchFit website or any of the SearchFit services (the “Services”), you agree to the following Terms of Use.

Restrictions. SearchFit prohibits the following: (i) the transmission of material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming,” (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (j) involves commercial activities and/or sales without SearchFit’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (ii) online gambling; (iii) any attempt to undermine or cause harm to a server, customer or other third party; (iv) Internet Relay Chat (IRC) Rooms, however, other chat rooms, such as FlashChat and MyPHPChat, may be used upon prior written approval from SearchFit; (v) server abuse; (vi) use of pirated software (aka warez); (vii) use of password cracking systems; (viii) copyright or trademark infringement; (ix) programs that run continuously in the background without prior consent of SearchFit; (x) Internet Relay Chat bots; (xi) unauthorized use of other people’s accounts or computers; (xii) use of any additional applications or executables on SearchFit servers; (xiii) use of Microsoft Access data files on SearchFit Servers; or (xiii) is deemed by SearchFit to be in conflict with the spirit or intent of this Terms of Use. SearchFit reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending information from the website and terminating the Services to such violators.

Link to SearchFit.com. Any website using SearchFit eCommerce software must maintain a hyperlink to “http://www.SearchFit.com” at the bottom/footer of the website at all times, which is visible throughout the majority of the website. If the hyperlink is found by Searchfit to have been removed by the Customer without permission, Customer must pay an additional $100.00 license fee per month to Searchfit from the date of such unauthorized removal. SearchFit also reserves the right to place the hyperlink on your website without notice.

Cancellation Policy. SearchFit reserves the right to cancel Service at any time with or without notice. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space etc.). Domain Registration fees are not refundable.

Lawful Purposes. SearchFit reserves the right to refuse service to anyone. You may only use SearchFit’s Services for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited.

Indemnification. You agree that to defend, indemnify, save and hold SearchFit, its stockholders, officers, directors, employees, agents, attorneys, customers, successors, assigns, predecessors and affiliates and other related entities harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SearchFit, its stockholders, officers, directors, employees, agents, attorneys, customers, successors, assigns, predecessors and affiliates and other related entities, that may arise or result from your use of this website, any Service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold SearchFit its stockholders, officers, directors, employees, agents, attorneys, successors, assigns, predecessors and affiliates and other related entities harmless against liabilities arising out of: (i) any injury to person or property caused by any products sold or otherwise distributed in connection with SearchFit’s servers; (ii) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement; or (iv) any defective products sold to a customer from SearchFit’s servers.

Disclaimer. THIS WEBSITE, THE SERVICES AND THE MATERIALS CONTAINED HEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE AND THE SERVICE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SEARCHFIT SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE AND THE SERVICE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEARCHFIT THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. SearchFit is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.

Limitation of Liability. SEARCHFIT SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE AND THE SERVICES, THE RESULTS GENERATED FROM THE USE OF THIS WEBSITE AND THE SERVICES, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SEARCHFIT’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO SEARCHFIT FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

Consumer Protection Laws. THIS WEBSITE AND THE SERVICE ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.

U.S. Export Controls. SearchFit software is subject to United States export controls. No SearchFit software may be downloaded from the website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the SearchFit software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Adult Material Policy. SearchFit prohibits the display of adult material. For purposes of this Terms of Use “Adult Material” includes, but is not limited to, the following: (i) photos or videos showing any sexually explicit nudity; (ii) photos or videos showing frontal nudity on either men or women; or (iii) audio clips or text containing sexually explicit material. SearchFit also prohibits the sale of any Adult Material on any SearchFit powered site. SearchFit reserves the right, in its sole discretion, right to determine what might be considered “sexually explicit” or “sexually related.” If your site contains material that you are unsure about, please contact SearchFit know before placing the an order for Services.

Miscellaneous. These Terms of Use shall be governed by and construed in accordance with laws of the State of California without regard to conflict of laws provisions contained therein. Jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in San Diego County, State of California, and you agree to the jurisdiction of such courts. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of this Terms of Use. A waiver by SearchFit of any term or condition of this policy in any instance will not be deemed or construed as a waiver of such term or condition for the future or any subsequent breach thereof. SearchFit reserves the right to change this Terms of Use at any time, with or without notice. Your continued use of the SearchFit website shall be deemed as an assent to such changes.