SEARCH MANIPULATOR LLC END-USER LICENSE AGREEMENT
Terms of service
You agree that there is a 90 day limit to the money back guarantee on the software and professional services of SearchManipulator LLC. After the 90 days, is it assumed you want to keep using the software, or you want SearchManipulator to continue pursuing the professional service. Due to the effort and time invested, there are no refunds after the 90 day period. Refunds will only be made after 90 days if the negative website(s) in question did not get suppressed in search results in any way. The fee is a per year and you may be charged the same fee in 365 days to repeat the service.
If you do not renew a yearly membership, SearchManipulator LLC will NOT delete the work that has been done, with the exception of personal websites. With the exception of personal websites that SearchManipulator, you will have full access to the work that was done for you so you may modify it in any way. Once you modify any website, SearchManipulator is no longer legally responsible for what is posted. If you do renew the yearly membership, you are entitled to only one yearly refund.
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I. SEARCH MANIPULATOR LLC END-USER LICENSE AGREEMENT ("EULA") FOR SEARCH ENGINE OPTIMIZATION SOFTWARE
A. GRANT OF LICENSE
SEARCH MANIPULATOR LLC grants You a non-exclusive, nontransferable single- use perpetual license to install and use the PRODUCT on your computer running a validly licensed copy of the operating system for which the PRODUCT was designed. In accordance with this license, You may permit a single authorized end-user to install the PRODUCT on a single computer for use by that end-user only. Remote access is not permitted without the express written consent of SEARCH MANIPULATOR LLC. Your license is subject to all the terms and conditions set forth herein.
B. ADDITIONAL RIGHTS AND LIMITATIONS
(i) Copy, Distribution, Rental and Transfer.
It is illegal to make unauthorized copies of the PRODUCT or to circumvent any copy protection technology included in the PRODUCT. You may not sell or distribute copies of the PRODUCT to third parties. You may not rent, lease, lend or transfer the PRODUCT, or host the PRODUCT for third parties.
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RETAINED BY SEARCH MANIPULATOR LLC.
(ii) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the PRODUCT except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The PRODUCT is licensed as a single integral product; its component parts may not be separated for use on more than one computer.
(iii) Support and Maintenance.
SEARCH MANIPULATOR LLC may provide support services related to the PRODUCT and subject to the terms and conditions of this EULA.
(1) Consent to Use of Data
If SEARCH MANIPULATOR LLC provides any support services to You, You agree that SEARCH MANIPULATOR LLC may collect and use all information You provide as a part of any such support services related to the PRODUCT. SEARCH MANIPULATOR LLC agrees not to use this information in a form that personally identifies You.
You must comply with all applicable laws regarding use of the PRODUCT.
C. INTELLECTUAL PROPERTY RIGHTS
Subject to the license grant hereunder, all right, title and interest in and to the PRODUCT, the accompanying printed materials, and any copies of the PRODUCT, are owned by SEARCH MANIPULATOR LLC. All rights not expressly granted to You are reserved to SEARCH MANIPULATOR LLC.
D. EXPORT RESTRICTIONS
You acknowledge that the PRODUCT is of U.S. origin. Should this EULA permit export of the PRODUCT outside the U.S., You shall be solely responsible for compliance with all applicable U.S export laws, rules, and regulations. You represent that you are not named on any U.S. government denied-party list and You shall not permit access to the PRODUCT in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
Without prejudice to any other rights, SEARCH MANIPULATOR may terminate this EULA if You fail to comply with the terms and conditions. In such event, You must destroy all copies of the PRODUCT in Your possession.
II. INDEPENDENT WEBSITE USER AGREEMENT CONSENT
The PRODUCT is designed to allow You to quickly and easily create a variety of personal websites containing positive/neutral information of Your choice. This is accomplished through the utilization of a variety of independently owned and operated websites (such as "Twitter", "Formspring", "Myspace", and "Facebook"), which may require You to agree to their Terms and Conditions of use. Due to programmed randomization, the PRODUCT may select any or all of these websites. SEARCH MANIPULATOR cannot control which websites will be utilized when the software is run on Your particular computer. This randomization is necessary to the efficacy of the software.
An exhaustive list of these websites is available *here*.
BY AGREEING TO THIS USER AGREEMENT, YOU ARE EXPRESSLY AGREEING TO THE TERMS AND CONDITIONS OF EACH AND EVERY INDEPENDENTLY OPERATED WEBSITE UTILIZED BY THE PRODUCT.
A. NO WARRANTIES REGARDING THE WEBSITES UTILIZED BY SEARCH MANIPULATOR SOFTWARE.
SEARCH MANIPULATOR LLC is, in no way, affiliated with any of the independent websites utilized by the PRODUCT. Any dispute between You and any of the websites utilized by the PRODUCT must be handled directly between the website in question and You. SEARCH MANIPULATOR LLC accepts no liability for any loss incurred due to the use of such websites and/or the terms and conditions of said websites.
III. "GOOGLE CHROME"
The PRODUCT is compatible with "Google Chrome", which must be downloaded and installed prior to downloading and installing the PRODUCT.
SEARCH MANIPULATOR LLC expressly disclaims any warranty for the PRODUCT. The PRODUCT is provided "AS IS" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. SEARCH MANIPULATOR LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the PRODUCT. SEARCH MANIPULATOR LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SEARCH MANIPULATOR LLC further expressly disclaims any warranty or representation to You or any third party.
V. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
IN NO EVENT SHALL SEARCH MANIPULATOR LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT. SEARCH MANIPULATOR LLC MAKES NO WARRANTY PERTAINING TO THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SEARCH MANIPULATOR LLC, EVEN IF SEARCH MANIPULATOR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VI. LIMITATION OF REMEDIES
Your exclusive remedy for all damages that You might incur for any reason whatsoever, is limited to the amount actually paid by You for the PRODUCT. This remedy limitation is applicable to the maximum extent permitted by applicable law.
VII. ARBITRATION AND GOVERNING LAW
Any claim, dispute or controversy of whatever nature arising out of or relating to this User Agreement shall be resolved by final and binding arbitration. This User Agreement shall be governed by and construed under the laws of the state of New Jersey, consistent with the Federal Arbitration Act, without reference to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this User Agreement. By agreeing to this binding arbitration provision, You understand that You are waiving certain rights and protections which may otherwise be available if a claim were determined by litigation in court.