Terms of Use Agreement Between User and Company

Privacy Policy
At Search ROI, LLC (“Company”), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and website. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.

Terms of Use 
Please read this agreement (“Agreement”) carefully before using our website. By accessing or using Company’s website, you agree to be bound by this Agreement and all of its terms without change. This agreement is between Company, you the user, and, if you are using the website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement.

Neither Company nor its representatives are engaged in rendering legal services or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.

We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Company or its affiliates.

Company and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services or other material on our website. While we strive to keep the information on this website accurate, complete and up-to-date, Company and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the website.

Personal and Noncommercial Use Limitation: Prohibited Uses
We may provide information about our Company and our services and products (“services and information”). We grant you access to this website during the term of this agreement solely to receive the services and information. You may access, download, and print materials as necessary to receive the services and information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases or lists obtained from this website. When we request, you agree to provide true, accurate and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.

Proprietary Rights
All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to, Company. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of Company.

Your Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this website is terminated, you will (i) stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password, and any information obtained from this website.

Confidential Information
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the website or (ii) which (A) is marked “Confidential,” “Restricted,” or other similar marking, (B) is known by the parties to be considered confidential, or (C) should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to Company that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.

You may not, without our prior written permission, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper,” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on this website or accessed through this website. You may not republish Company content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

If you are under the age of 13, you may not use this website.

Disclaimer of Warranties
You expressly understand and agree that your use of this website and the services offered at the website is at your sole risk. The website is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability
You expressly understand and agree that company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website or services; (ii) the cost of substitute services resulting from any data, information or services obtained or messages received or transactions entered into on the website or through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the website or the services. In no event will our maximum liability to you exceed the amount you paid to us for the subject services or $100, whichever is greater.

Links to Third Party Sites
This website may contain hyperlinks to websites operated by parties other than Company or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk. Furthermore, because the Company privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

Links to Our Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray Company, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. You may not link to any page other than the home page of this website. Any link to our website should be a full forward link that passes the client browser to our home page without barriers. The “back” button should return the visitor to original site if the visitor wishes to back out.

Use of Submissions

Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

User Content/E-Mail Discussion Lists, Interactive Areas 
We may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the website (the “User Content”) in message boards, chat rooms, e-mail and other features of the website (“User Areas”) that may be offered from time to time and may be operated by Company or by a third party. We provide e-mail discussion lists and interactive forums for the convenience of Company, staff and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. Company does not exert editorial control over information or materials posted by third parties in these areas or in materials that are e-mailed by third parties using e-mail discussion lists. Company is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing or free from technical defects. These limitations of warranties and liability apply to all e-mail discussion lists and interactive forums.

We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code or programming device affecting your software, hardware, data, or property.

You are solely responsible for the content of any e-mails that you post to the lists or content that you post in interactive forums and you agree to indemnify and hold Company, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys’ fees) due to or arising out of your use of the list service or interactive forum or any information or materials provided on such list service or interactive forum.

You will not use (nor cause any third party to use) the website to perform any illegal activities, (including, without limitation, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as rights of privacy) of others), immoral activities, or any of the following types of activities, without limitation:

  1. transmitting information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  1. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. impersonating anyone or any entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  3. advertising or providing commercial content;
  4. interfering with or disrupting the website;
  5. disrupting the activities or enjoyment of the website for other users; or
  6. collecting or storing personal data about other users.

You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, any User Content you create or upload.

You acknowledge that User Content is not endorsed by Company and such user content should not be considered to have been reviewed, screened, or approved by Company. You should exercise discretion before relying on information contained in user content.

We may, in our sole discretion, terminate your password, account (or any part thereof), or use of the website, and remove any User Content from a User Area, at any time and for any or no reason. Company will not be liable to you or any third party for any termination of your access to the website or deletion of any User Content on the website. We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of Company, any users of the website, and the public.

We will not be liable for the collection, use or disclosure of any personal information by, in, or through a User Area offered by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Area.

Subject to applicable laws and Company’s privacy policy, any communications posted by you in a User Area (including, without limitation, User Content) are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. We are free to use the content of any such communication, including, without limitation, any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including, without limitation, developing, manufacturing, and/or marketing goods and services. You will be responsible for the content and information contained in any communication sent by you to this website or otherwise to Company, including, without limitation, its truthfulness and accuracy.

Changes to Website
We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.

Dispute Resolution
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the Company rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the Company on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

This website is intended for, and directed to, residents of the United States, and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law. Failure by Company to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

Search ROI and other logos and product and service names are trademarks and service marks owned by or licensed to Company or its affiliates (the “Marks”). Without the prior written permission of Company, or its appropriate affiliates, you agree not to display the Marks or use them in any manner.

All other trademarks are the property of their respective owners.