Terms Of Use
Last updated: April 3, 2024
THESE TERMS AND CONDITIONS INCLUDE DISCLAIMERS, MANDATORY ARBITRATION, AND A CLASS ACTION WAIVER. READ THESE CAREFULLY BELOW. IN ADDITION, BY USING THE SITE AND EXTENSION, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND UNINSTALL THE EXTENSION.
SECTION ONE:
Acceptance of the Terms and General Conditions
These terms and conditions, as well as any other policies or other terms found on our Site or Extension, such as our privacy policy (“Terms”) govern your access and use of the website www.searchmanualsonline.com and any content or services offered through the Site (the “Site”), including our software extension (“Extension”). The Terms are a legal contract between you and SearchManualsOnline and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (“SearchManualsOnline,” “us,” or “we”). When you use the Site or Extension, you acknowledge that you understand and agree to our Terms.
The Site and Extension is not for use by individuals under the age of majority. You represent and warrant that you are at least 18 years of age by using the Site and Extension.
SearchManualsOnline may modify, add, or delete all or portions of these Terms or the Extension at any time, at our full discretion. Your use of the Extension and Site after changes have been posted to the Terms establishes your agreement to the changes. We may also suspend or terminate the Extension for any reason, without notice, at any time.
You must abide by all laws, rules, and regulations when registering for, accessing, or using the Site and Extension. In doing so, you may not engage in unfair, malicious, or fraudulent behavior, or any conduct that is harmful or harassing to others.
SearchManualsOnline has no obligation to review and track your access to, or use of, the Extension for violations of the Terms. SearchManualsOnline has no obligation to review any content you submit to us. We reserve the right to monitor your access to, and use of, the Site, the Extension and any content you submit. If we do monitor you, it will be for the purpose of operating and improving the Site and Extension, to ensure your compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.
You may face criminal and/or civil liability if you violate the security of our Site and the Extension. SearchManualsOnline may investigate violations, and we may cooperate with law enforcement if we believe that a criminal violation has occurred.
SECTION TWO:
IP Content; Unauthorized Use
The Site contains content that may be protected by intellectual property rights, such as service marks, trademarks, copyrights, trade dress, patents, moral rights, or other proprietary rights (“Property Rights”). These Property Rights, which are owned by SearchManualsOnline, are protected in all forms, including in media and technologies existing now and developed in the future. You cannot modify, publish, or exploit the Property Rights.
You also warrant that you will not attempt to gain unauthorized access to any code, content, or systems underlying the Extension or Site; interfere with our procedures and performance of the Extension and Site; damage the functionality of the Extension and Site; access protected content on the Extension or Site by use of automatic methods, macros, bots, spiders, scrapers, or other types of automatic or manual programs, algorithms or processes; impose a disproportionate load on the Site infrastructure or the Extension; or commit fraud, malicious, or illegal activity of any kind with respect to the Site and Extension.
Privacy Policy
More information about the collection and usage of your personal information is set forth in our Privacy Policy. The Privacy Policy is incorporated into these Terms, and you must review it before using the Site or Extension as you will be deemed to agree to the terms set forth in the Privacy Policy by using the Site and Extension.
As set forth in our Privacy Policy, when you use the Extension or visit our Site, SearchManualsOnline may use cookies and monitoring technologies. By using the Site and Extension, you acknowledge and agree to our use of cookies and other monitoring technologies.
Linked Sites
The Extension or Site sometimes have links to events, offers, and promotions, which are owned by third-parties (“Linked Sites”). By using the Extension or Site, you agree that we may send you third-party content and links.
Linked Sites may have their own privacy policies and terms, which you will also have to read and consider before proceeding. Our Terms and policies do not apply to Linked Sites.
If you click on links and proceed to Linked Sites, you do so at your own risk. We do not endorse, recommend, control, or in any way accept responsibility for the content and safety of Linked Sites, and do not make any express or implied warranties or representations about the accuracy, currency, or completeness of any third-party content on any Linked Sites.
If you do not want to receive third-party content, uninstall the Extension. To do so, visit the Site’s “Uninstall Page” and follow the directions.
Use of Your Content
We ask that you do not send us any confidential, proprietary, or trade secret information, such as, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material “Content”).
If you voluntarily send us any Content, your agreement to these Terms also grant us an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive, worldwide, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Content in any media now known or invented later, including for commercial purposes.
If you think something on our Site or Extension infringes on your intellectual property or proprietary rights, contact us at .
SECTION THREE:
LEGAL DISCLAIMER
ALL INFORMATION OR CONTENT FOUND ON OUR WEBSITE AND EXTENSION IS PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) WARRANTIES REGARDING THE INFORMATION, PRODUCTS, OR EXTENSION PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR EXTENSION; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ALL IMPLIED WARRANTIES, OF WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ALL WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
FURTHER, WE DISCLAIM ALL WARRANTIES THAT OUR EXTENSION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY DEFECTS IN THE EXTENSION, OR THAT THE WEBSITE OR WEBSITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. IT IS YOUR SOLE OBLIGATION TO ENSURE THAT THE WEBSITE AND EXTENSION ARE COMPATIBLE WITH YOUR HARDWARE AND EXTENSION PLATFORM.
OUR DECISION TO MODIFY THE WEBSITE OR EXTENSION WILL BE AT OUR DISCRETION AND WILL NOT BE A WAIVER OF THESE LIMITATIONS OR ANY OTHER TERM.
LIMITATIONS ON OUR LIABILITY
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE SHALL NOT BE NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE, EXTENSION, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR EXTENSION OBTAINED THROUGH THE EXTENSION, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
OUR TOTAL LIABILITY ARISING OUT OF, OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR EXTENSION SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE EXTENSION ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF ANY OTHER REFERENCED DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE EXTENSION OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS SHALL APPLY.
Dispute Resolution
You agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through the Extension, or the Site; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.
By agreeing to these Terms, you agree to resolve any and all disputes with us in the following manner:
Many disputes are resolved without litigation, and by agreeing to these Terms you agree to reach out to us to attempt to resolve any dispute through informal negotiation at . You may not institute arbitration or any type of lawsuit or legal proceedings without following these rules.
If we cannot resolve any dispute through informal negotiation within a period of 60 days from the time you notify us, then you may initiate arbitration. An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator is empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To commence arbitration, you must: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (see, e.g., www.jamsadr.com ); (b) send three copies of the Demand, plus the appropriate filing fee, to JAMS, 620 Eighth Ave, NY Times Building 34th Floor New York, NY 10018 USA; and (c) email a copy of the Demand for Arbitration to us at , with DEMAND FOR ARBITRATION in the subject line.
In the absence of the negotiation and mandatory arbitration provisions in these Terms, you would have the right to proceed in court and have a jury trial. The costs of arbitration could be more expensive than the costs of a lawsuit. In addition, the right to discovery in arbitration could be narrower than in a court.
You agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County or Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
WAIVER OF CLASS ACTION RIGHTS
YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may not bring any claim or proceeding as a class action or other type of representative action. You expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that this waiver is void or unenforceable, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR FIRST USE OF THE SITE OR EXTENSION; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
We will try to provide 30 days’ notice of any material changes to the Dispute Resolutions and Class Action Waiver sections by posting changes on the Site or the Extension, by sending you a message, or otherwise notifying you in a reasonable manner. Amendments will be effective 30 days after they are posted on the Site, on the Extension, or sent to you. Any changes will apply prospectively to claims arising 30 days after notice is posted. If a court or arbitrator decides that any changes are not enforceable, then this subsection shall be severed. The arbitrator shall apply the first Dispute Resolution and Waiver Class Action sections in existence after you began using the Site or Extension. The Dispute Resolution and Waiver Class Action sections shall survive any termination of the Extension.
Governing Law and Statute of Limitations
You agree that California law applies to the interpretation of the Terms and the relationship between us, without regard to California’s conflict of law provisions. All dispute resolution procedures, including any arbitration, must take place in Los Angeles County or Orange County, California. If any claims are deemed not arbitrable, you agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, or Orange County, California.
You must notify us of any claim arising out of or relating in any way to the Terms, the Site, or the Extension within one year after it arises, or it will be barred. This section will be applied to the fullest extent allowed by law.
Indemnification
You agree to defend, indemnify, and hold SearchManualsOnline harmless from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys’ fees and expenses, arising from your use of, or access to, the services; a violation of any of these terms; and any actual or alleged violation of any law, rule, or regulation related in any way, directly or indirectly, to the Site or the Extension, as well as any actual or alleged violation of any third-party rights, including but not limited to, any rights of trademark, copyright, trade secret, or privacy rights.
SECTION FOUR:
Miscellaneous Provisions
Entire Agreement: These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in this document. In addition, these Terms form the entire and exclusive understanding and agreement between the parties, regarding the Extension and the Site.
Termination and Survival: Some of these Terms will survive any termination of your account or any aspect of the Extension, even if we cease offering services through the Extension.
No Waiver: If we choose not to enforce any part of these Terms, it will not be considered a waiver.
No Amendments. You may not amend these Terms.
Severability: If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. In that case, any invalid or unenforceable part will be replaced by a valid and/or enforceable part that meets the intention of the parties to the extent possible.
No Assignment. While you have no right to assign your duties under these Terms, all of our rights and obligations under these Terms, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Compliance with the Law: Nothing in these Terms shall prevent us from complying with the law.
Questions?
You can email us at with questions.
THESE TERMS AND CONDITIONS INCLUDE DISCLAIMERS, MANDATORY ARBITRATION, AND A CLASS ACTION WAIVER. READ THESE CAREFULLY BELOW. IN ADDITION, BY USING THE SITE AND EXTENSION, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND UNINSTALL THE EXTENSION.
SECTION ONE:
Acceptance of the Terms and General Conditions
These terms and conditions, as well as any other policies or other terms found on our Site or Extension, such as our privacy policy (“Terms”) govern your access and use of the website www.searchmanualsonline.com and any content or services offered through the Site (the “Site”), including our software extension (“Extension”). The Terms are a legal contract between you and SearchManualsOnline and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (“SearchManualsOnline,” “us,” or “we”). When you use the Site or Extension, you acknowledge that you understand and agree to our Terms.
The Site and Extension is not for use by individuals under the age of majority. You represent and warrant that you are at least 18 years of age by using the Site and Extension.
SearchManualsOnline may modify, add, or delete all or portions of these Terms or the Extension at any time, at our full discretion. Your use of the Extension and Site after changes have been posted to the Terms establishes your agreement to the changes. We may also suspend or terminate the Extension for any reason, without notice, at any time.
You must abide by all laws, rules, and regulations when registering for, accessing, or using the Site and Extension. In doing so, you may not engage in unfair, malicious, or fraudulent behavior, or any conduct that is harmful or harassing to others.
SearchManualsOnline has no obligation to review and track your access to, or use of, the Extension for violations of the Terms. SearchManualsOnline has no obligation to review any content you submit to us. We reserve the right to monitor your access to, and use of, the Site, the Extension and any content you submit. If we do monitor you, it will be for the purpose of operating and improving the Site and Extension, to ensure your compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.
You may face criminal and/or civil liability if you violate the security of our Site and the Extension. SearchManualsOnline may investigate violations, and we may cooperate with law enforcement if we believe that a criminal violation has occurred.
SECTION TWO:
IP Content; Unauthorized Use
The Site contains content that may be protected by intellectual property rights, such as service marks, trademarks, copyrights, trade dress, patents, moral rights, or other proprietary rights (“Property Rights”). These Property Rights, which are owned by SearchManualsOnline, are protected in all forms, including in media and technologies existing now and developed in the future. You cannot modify, publish, or exploit the Property Rights.
You also warrant that you will not attempt to gain unauthorized access to any code, content, or systems underlying the Extension or Site; interfere with our procedures and performance of the Extension and Site; damage the functionality of the Extension and Site; access protected content on the Extension or Site by use of automatic methods, macros, bots, spiders, scrapers, or other types of automatic or manual programs, algorithms or processes; impose a disproportionate load on the Site infrastructure or the Extension; or commit fraud, malicious, or illegal activity of any kind with respect to the Site and Extension.
Privacy Policy
More information about the collection and usage of your personal information is set forth in our Privacy Policy. The Privacy Policy is incorporated into these Terms, and you must review it before using the Site or Extension as you will be deemed to agree to the terms set forth in the Privacy Policy by using the Site and Extension.
As set forth in our Privacy Policy, when you use the Extension or visit our Site, SearchManualsOnline may use cookies and monitoring technologies. By using the Site and Extension, you acknowledge and agree to our use of cookies and other monitoring technologies.
Linked Sites
The Extension or Site sometimes have links to events, offers, and promotions, which are owned by third-parties (“Linked Sites”). By using the Extension or Site, you agree that we may send you third-party content and links.
Linked Sites may have their own privacy policies and terms, which you will also have to read and consider before proceeding. Our Terms and policies do not apply to Linked Sites.
If you click on links and proceed to Linked Sites, you do so at your own risk. We do not endorse, recommend, control, or in any way accept responsibility for the content and safety of Linked Sites, and do not make any express or implied warranties or representations about the accuracy, currency, or completeness of any third-party content on any Linked Sites.
If you do not want to receive third-party content, uninstall the Extension. To do so, visit the Site’s “Uninstall Page” and follow the directions.
Use of Your Content
We ask that you do not send us any confidential, proprietary, or trade secret information, such as, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material “Content”).
If you voluntarily send us any Content, your agreement to these Terms also grant us an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive, worldwide, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Content in any media now known or invented later, including for commercial purposes.
If you think something on our Site or Extension infringes on your intellectual property or proprietary rights, contact us at .
SECTION THREE:
LEGAL DISCLAIMER
ALL INFORMATION OR CONTENT FOUND ON OUR WEBSITE AND EXTENSION IS PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) WARRANTIES REGARDING THE INFORMATION, PRODUCTS, OR EXTENSION PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR EXTENSION; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ALL IMPLIED WARRANTIES, OF WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ALL WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
FURTHER, WE DISCLAIM ALL WARRANTIES THAT OUR EXTENSION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY DEFECTS IN THE EXTENSION, OR THAT THE WEBSITE OR WEBSITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. IT IS YOUR SOLE OBLIGATION TO ENSURE THAT THE WEBSITE AND EXTENSION ARE COMPATIBLE WITH YOUR HARDWARE AND EXTENSION PLATFORM.
OUR DECISION TO MODIFY THE WEBSITE OR EXTENSION WILL BE AT OUR DISCRETION AND WILL NOT BE A WAIVER OF THESE LIMITATIONS OR ANY OTHER TERM.
LIMITATIONS ON OUR LIABILITY
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE SHALL NOT BE NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE, EXTENSION, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR EXTENSION OBTAINED THROUGH THE EXTENSION, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
OUR TOTAL LIABILITY ARISING OUT OF, OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR EXTENSION SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE EXTENSION ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF ANY OTHER REFERENCED DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE EXTENSION OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS SHALL APPLY.
Dispute Resolution
You agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through the Extension, or the Site; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.
By agreeing to these Terms, you agree to resolve any and all disputes with us in the following manner:
Many disputes are resolved without litigation, and by agreeing to these Terms you agree to reach out to us to attempt to resolve any dispute through informal negotiation at . You may not institute arbitration or any type of lawsuit or legal proceedings without following these rules.
If we cannot resolve any dispute through informal negotiation within a period of 60 days from the time you notify us, then you may initiate arbitration. An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator is empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To commence arbitration, you must: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (see, e.g., www.jamsadr.com ); (b) send three copies of the Demand, plus the appropriate filing fee, to JAMS, 620 Eighth Ave, NY Times Building 34th Floor New York, NY 10018 USA; and (c) email a copy of the Demand for Arbitration to us at , with DEMAND FOR ARBITRATION in the subject line.
In the absence of the negotiation and mandatory arbitration provisions in these Terms, you would have the right to proceed in court and have a jury trial. The costs of arbitration could be more expensive than the costs of a lawsuit. In addition, the right to discovery in arbitration could be narrower than in a court.
You agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County or Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
WAIVER OF CLASS ACTION RIGHTS
YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may not bring any claim or proceeding as a class action or other type of representative action. You expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that this waiver is void or unenforceable, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR FIRST USE OF THE SITE OR EXTENSION; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
We will try to provide 30 days’ notice of any material changes to the Dispute Resolutions and Class Action Waiver sections by posting changes on the Site or the Extension, by sending you a message, or otherwise notifying you in a reasonable manner. Amendments will be effective 30 days after they are posted on the Site, on the Extension, or sent to you. Any changes will apply prospectively to claims arising 30 days after notice is posted. If a court or arbitrator decides that any changes are not enforceable, then this subsection shall be severed. The arbitrator shall apply the first Dispute Resolution and Waiver Class Action sections in existence after you began using the Site or Extension. The Dispute Resolution and Waiver Class Action sections shall survive any termination of the Extension.
Governing Law and Statute of Limitations
You agree that California law applies to the interpretation of the Terms and the relationship between us, without regard to California’s conflict of law provisions. All dispute resolution procedures, including any arbitration, must take place in Los Angeles County or Orange County, California. If any claims are deemed not arbitrable, you agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, or Orange County, California.
You must notify us of any claim arising out of or relating in any way to the Terms, the Site, or the Extension within one year after it arises, or it will be barred. This section will be applied to the fullest extent allowed by law.
Indemnification
You agree to defend, indemnify, and hold SearchManualsOnline harmless from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys’ fees and expenses, arising from your use of, or access to, the services; a violation of any of these terms; and any actual or alleged violation of any law, rule, or regulation related in any way, directly or indirectly, to the Site or the Extension, as well as any actual or alleged violation of any third-party rights, including but not limited to, any rights of trademark, copyright, trade secret, or privacy rights.
SECTION FOUR:
Miscellaneous Provisions
Entire Agreement: These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in this document. In addition, these Terms form the entire and exclusive understanding and agreement between the parties, regarding the Extension and the Site.
Termination and Survival: Some of these Terms will survive any termination of your account or any aspect of the Extension, even if we cease offering services through the Extension.
No Waiver: If we choose not to enforce any part of these Terms, it will not be considered a waiver.
No Amendments. You may not amend these Terms.
Severability: If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. In that case, any invalid or unenforceable part will be replaced by a valid and/or enforceable part that meets the intention of the parties to the extent possible.
No Assignment. While you have no right to assign your duties under these Terms, all of our rights and obligations under these Terms, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Compliance with the Law: Nothing in these Terms shall prevent us from complying with the law.
Questions?
You can email us at with questions.
