GoodSearch 20090821

End-User License Agreement

GoodSearch requires that you accept the following End-User License Agreement before installation can proceed:

Welcome! By using GoodSearch ("GoodSearch Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
Content Linked to by GoodSearch

The sites displayed as search results or linked to by GoodSearch Services are developed by people over whom GoodSearch exercises no control. The search results that appear from GoodSearch's search engine partner's indices are indexed by GoodSearch's search engine partner's automated machinery and computers, and GoodSearch cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using GoodSearch Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a GoodSearch search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the GoodSearch Services.
Use of Service

You may not take the results from a GoodSearch search and reformat and display them, or mirror the GoodSearch home page or results pages on your Web site. You may not "meta-search" GoodSearch. If you are interested in adding a GoodSearch search box to your web site or your company's web site, please contact us.
No Automated Querying

You may not send automated queries of any sort to GoodSearch's system. Note that "sending automated queries" includes, among other things:

* Using any software which sends queries to GoodSearch to determine how a website or webpage "ranks" on GoodSearch's partner's search engines for various queries
* "Meta-searching" GoodSearch
* Performing "offline" searches on GoodSearch.

Prohibited Uses

You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any Search Results, Links and/or Ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.

While not expressly prohibited, searches to URL’s (i.e., search terms ending in .com, .org, .net, .edu), searches to sites for which the URL is well known such as HotMail, ESPN, MySpace, Facebook, GMail, AOL, etc., and searches for stock quotes will not count toward a nonprofit’s total searches and revenue.
Program Participation by Nonprofits

Participation in the Program is subject to GoodSearch prior approval. GoodSearch reserves the right to refuse participation to any organization, including nonprofits and schools, at any time in its sole discretion.

Each listed organization will receive a proportion of the sum we allocate to charity equivalent to the proportion in which its supporters use the website relative to the supporters of other listed charities. We will distribute a minimum of 50 percent of revenues to nonprofit organizations. GoodSearch will send each organization a check once a year providing the organization has accrued $20 or more. If the organization has earned less than $20, the funds will be allocated on a pro rata basis to those organizations which have met the minimum payment requirement. (Note: For the 12 months ending September 2006, payments will be made down to the $5 level).

In no event will GoodSearch make payments for any earned balance less than $20.

Notwithstanding the foregoing, GoodSearch shall not be liable for any payment based on any amounts which result from invalid queries or invalid clicks on ads generated by any person, bot, automated program or similar device, as reasonably determined by GoodSearch, including without limitation through any clicks or impressions originating from your IP addresses or computers under your control.

To ensure proper payment, organizations are solely responsible for providing and maintaining accurate contact and payment information associated with their account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Organizations agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in the Program. GoodSearch may change its pricing and/or payment structure at any time. If you dispute any payment made under the Program, you must notify GoodSearch in writing within thirty (30) days of any such payment; failure to so notify GoodSearch shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by GoodSearch. No other measurements or statistics of any kind shall be accepted by GoodSearch or have any effect under this Agreement.
Privacy Policy

Click here to review the GoodSearch Privacy Policy.
Changes in Terms and Conditions and GoodSearch Search Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.

For information regarding our trademark complaint procedure, please click here.
Disclaimer of Warranties

GoodSearch disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the GOODSEARCH SERVICES results. GoodSearch disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. GoodSearch disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the GOODSEARCH SERVICES.

THE GOODSEARCH SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE GOODSEARCH SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOODSEARCH AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOODSEARCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE GOODSEARCH SERVICES. GOODSEARCH AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE GOODSEARCH SERVICES. GOODSEARCH AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GOODSEARCH SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE GOODSEARCH SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE GOODSEARCH SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GOODSEARCH SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GOODSEARCH OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE GOODSEARCH SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOODSEARCH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GOODSEARCH SERVICES, FROM INABILITY TO USE THE GOODSEARCH SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GOODSEARCH SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GOODSEARCH SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE GOODSEARCH SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE GOODSEARCH SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE GOODSEARCH SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE GOODSEARCH SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GOODSEARCH SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall GoodSearch or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by GoodSearch.

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