Terms of Service
Effective date:
Terms of Service
Last Updated: 10/8/25
- INTRODUCTION
Welcome to Search Party! Our mission is to empower you to get visibility, context, and control over how your brand appears in AI answer engines.
Please read these Terms of Service (the “Terms of Service” or “Agreement”) carefully as this is a binding agreement between Search Party LLC, a Delaware limited liability company, its affiliates, and any of its or their respective successors or assigns (“Search Party”, “we”, “our”, or “us”) and you (“you” or “your”).
These Terms of Service apply to your access to, and use of the Search Party website, software, applications, technology, tools, services, and functionalities made available to you by us (the “Services”).
The Services are offered to you by Search Party. However, we may utilize third party development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, provision, publication or exploitation of the Services or otherwise make available their third party software, products, or services. Our Third Party Providers each operate independently of Search Party and we are not responsible for their actions or inactions or for their materials, software, products, or services, as further detailed herein.
The Services, including any reports or materials generated by the Services are for informational purposes only. They are not intended to provide professional advice. They are not intended to be interpreted as a recommendation for any particular plan or action. YOU ARE SOLELY RESPONSIBLE FOR MAKING YOUR OWN DETERMINATION THAT THE REPORTS AND/OR MATERIALS ARE SUITABLE, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY REPORTS AND/OR MATERIALS.
By accessing or using the Services in any way or clicking on the “I Accept” or similar button, you represent and warrant that: (i) you have read and understand these Terms of Service, (ii) you accept without modification and agree to be bound by these Terms of Service (iii) you are of legal age to form a binding contract with Search Party, and (iv) you have the authority to enter into and agree to these Terms of Service personally or on behalf of the company, entity, or organization (“Subscribing Organization”) you have designated as the user of the Services, to bind that Subscribing Organization to these Terms of Service and to grant the licenses set forth herein.In addition, we require your express acceptance to these Terms of Service when you register an account to access and use the Services.
If you do not agree to be bound by these Terms of Service, or if you are below the age of legal majority where you reside, then you are not permitted to access or use the Services or register for access or use of the Services. Accordingly, if you do not agree to these Terms of Service do not access or otherwise use any of the Services.
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION (SEE SECTION 15) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Services.If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to your use of such Services. The Terms of Service and any applicable Supplemental Terms are collectively referred to herein as the “Terms of Service.”
If you are an enterprise level client and have entered into a separate enterprise agreement with Search Party, the terms of that agreement will supersede and control to the extent of any conflict with these Terms of Service.
You agree that the form and nature of the Services may change without prior notice or liability to you and that future versions of the Services may be incompatible with content and data created on previous versions of the Services. You further agree that Search Party may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at Search Party’s sole discretion, without prior notice or liability to you. We may amend any of the terms of these Terms of Service by posting the amended terms. If you do not agree to any such change(s), you must stop using the Services.Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised. PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE. For example, we may make changes to these Terms of Service or Services due to:(i) changes to the law or regulatory requirements, (ii) security or safety reasons, (iii) circumstances beyond our reasonable control, (iv) changes we make in the usual course of developing our Services, or (v) to adapt to new technologies.
You agree that Search Party is not obligated to provide any maintenance, technical or other support for the Services. However, you may ask us any questions by contacting us at brandon@searchparty.com.
- MINORS AND BLOCKED PERSONS
The Services are not available to persons under the age of legal majority in your jurisdiction of residence.
The Services are only currently available to residents of the United States of America and where legally applicable. Accessing the Services from jurisdictions where we do not offer the Services, is prohibited.
The Services are also not available to any users previously removed from the Services by Search Party or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY REGISTERING FOR AN ACCOUNT OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.
- PRIVACY
Please see our Privacy Policy found at https://searchparty.com/privacy-policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services. The Services are subject to the Privacy Policy and by using the Services, you consent to our collection, use, and sharing of your information as set forth therein.
- USE OF SERVICES; AI DISCLOSURE
You must first register with us and create an account (“User Account”) in order to access certain Services. To establish a User Account, you may be required to provide Search Party with certain personal information, including without limitation, your first and last name, e-mail address, as well as payment processing account information. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Search Party reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.
You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at brandon@searchparty.com.
Unless expressly permitted in writing by Search Party, you may not sell, rent, lease, share, distribute or provide access to your account or our Services to anyone else, including without limitation, charging anyone for access to administrative rights on your account, or allowing a third party to use your account and the Services. Search Party reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEARCH PARTY.
By creating a User Account or signing up for Services, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (i) notices about your use of the Services, including Report availability; (ii) updates to the Services and new features or products; (iii) administrative messages and other information; and (iv) advertising, marketing, and other materials regarding Search Party’s products and services. Please review your settings in your User Account to control the service notifications you receive from us. You may unsubscribe from commercial content at any time by emailing us at brandon@searchparty.com.
THE SERVICES UTILIZE VARIOUS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND LANGUAGE LEARNING MODEL TECHNOLOGIES TO TAKE CONTENT PROVIDED TO THE SERVICES BY YOU (“INPUT”), INCLUDING YOUR PERSONAL INFORMATION, TO GENERATE CERTAIN RESULTING OUTPUT THROUGH THE SERVICES (“OUTPUT”). Input and Output are collectively “Content.” You are solely responsible for Content, including ensuring that it does not violate any applicable law, the rights of any third-party, or these Terms of Service. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. You acknowledge and agree that artificial intelligence, machine learning, and language learning models are rapidly evolving fields of study. Given the probabilistic nature of artificial intelligence, machine learning, and language learning models, the use of the Services may, in some situations, result in a response or Output from the Services that does not accurately reflect real people, places, or facts. When using the Services, you understand, acknowledge and agree:
- Output may contain errors and misstatements, may be biased, inappropriate, incomplete, or inaccurate.
- You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output.
- The Services may provide incomplete, incorrect, or offensive Output.
- If Output references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with Search Party.
You are solely responsible for including implementing reasonable practices and human oversight to guard against Outputs being used in an unsuitable or unlawful way or in violation of the rights of others. You will not use the Output in violation of acceptable use provisions or policies relating to artificial intelligence that we may make available to you in writing from time to time.
As between you and Search Party, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
- THIRD PARTY PROVIDERS
While using our Services, you may connect with and/or interact with Third-Party Providers including, without limitation, payment processing providers, data processing and visualization providers, customer service specialists, and social media providers. Upon your request, Search Party will use best efforts to integrate information you provide to us from Third-Party Providers into the Services and your User Account. When accessing or linking any services, you will at all times be subject to such Third Party Providers’ terms of service and privacy policies.
YOU ACKNOWLEDGE AND AGREE THAT SEARCH PARTY HAS NO CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY PROVIDERS TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES – INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION – EVEN IF SEARCH PARTY INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS AND SERVICES OF SUCH THIRD PARTY PROVIDERS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE SEARCH PARTY AND HOLD SEARCH PARTY HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PROVIDERS’ OFFERINGS, SERVICES, MATERIALS, TERMS OF SERVICE, PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT SEARCH PARTY STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS, SERVICES, AND MATERIALS YOU ENCOUNTER IN CONNECTION WITH OUR PRODUCTS AND SERVICES, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS, SERVICES, AND MATERIALS.
SEARCH PARTY DOES NOT MAKE ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER’S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE.
YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE SEARCH PARTY AND HOLD SEARCH PARTY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PROVIDER’S ACTS, OMISSIONS, COMMUNICATIONS, ADVICE, DELAYS, SERVICES, MATERIALS, AND/OR OFFERINGS.
- SUBSCRIPTIONS; BILLING AND PURCHASES
Search Party provides the Services through your specific plan which will be identified through the Services and made available when you register and/or order or pay for the Services (the “Order Page”). Your permitted scope of use and contractual usage limit is dependent upon the agreed plan that you select and will be specified on your Order Page.
You agree to pay the fees as displayed on our subscriptions page https://searchparty.com/pricing and/or as agreed upon by you on the applicable Order Page when you purchase the Services, as well as any other fees applicable to you in connection with the Services (“Fees”). You agree that if you exceed any contractual usage limits, you will pay the applicable additional Fees at then-current applicable rates covering such overages and variable usage and/or excess usage.
Certain Services are provided on a subscription basis for a set term designated on the applicable Order Page (each, a “Subscription Term”). Unless otherwise specified on the applicable Order Page, each Subscription Term shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least seven (7) days prior to expiration of the then-current Subscription Term (e.g., monthly paid subscriptions will automatically roll over month-to-month and annual paid subscriptions will automatically renew for additional 12-month periods). If you do not cancel your subscription or terminate your User Account during the renewal period, we will charge you for any renewal term upon the applicable anniversary of a Subscription Term. Note that under an annual paid subscription, you will not be permitted to cancel or downgrade the paid subscription you have selected until the renewal period above when you may provide written notice to terminate before the automatic renewal for a successive term.
For purchases of Services, you must provide our Third Party Providers for payment services (e.g. Stripe) with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us via our Third Party Providers to automatically charge your provided payment method the Fees for the Services.
All Fees for Services shall be paid for in accordance with the payment terms set forth on the Order Page. If you have provided your credit card or other accepted payment method, you understand and agree that we will automatically charge the card or payment method on file for each applicable Subscription Term renewal. Further, you are solely responsible for ensuring all credit card or payment information associated with your User Account is current and up to date. You also authorize us to charge any payment method associated with a User Account in case the primary payment method is declined or no longer available for payment of the Fees. You remain responsible for any uncollected amounts.
You understand that failure to pay any charges or Fees may result in Search Party suspending, terminating, or cancelling your access to the Services, in whole or in part, without any liability.
Search Party reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Services (e.g. during a Subscription Term), we agree that the Fee will remain in force for that duration. Upon renewal, your use of the Services will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Services and cancel through the User Account settings within the Services or by contacting us at brandon@searchparty.com (with cancellation confirmation from a Search Party representative). If you cancel, your Service ends at the end of your current Service period/Subscription Term or payment period, and no refunds for previously paid services will be issued.
From time to time, we may offer a trial subscription to the Services where you may use the Services in accordance with these Terms of Service for the limited trial period designated on the Order Page (the “Trial Period”). Trial subscriptions are permitted solely for your use to determine whether to purchase a Paid Subscription. If you do not upgrade to a paid subscription at the end of the Trial Period, then your access to the Services may be limited, downgraded to an unpaid subscription, or terminated (to be determined at Search Party’s sole discretion). Trial subscriptions may not include all features or functionality offered as part of the paid Services, and Search Party reserves the right to add or subtract any features or functionality at any time for such plans. Search Party has the right to suspend or terminate a trial subscription at any time for any reason.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the Services. All Fees shall be paid in US Dollars. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
- SERVICES LICENSE
The Services are owned and operated by Search Party. Unless otherwise expressly indicated herein, the Services and all content and materials therein are protected by relevant intellectual property and proprietary rights and laws and are the property of Search Party or its subsidiaries or affiliated companies and/or third-party licensors and, except as otherwise expressly indicated herein, all legal right, title and interest in and to the Services and all content and materials therein, including any and all Intellectual Property Rights thereto, are vested in Search Party. “Intellectual Property Rights” mean any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
Unless otherwise expressly stated in writing by Search Party, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Services for your personal use or internal business use only. Search Party reserves all rights not expressly granted in these Terms of Service.
The Search Party logos, and any other product or service name, logo, or slogan used by Search Party, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Search Party, and may not be used in whole or in part in connection with any product or service that is not Search Party’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Search Party, without our prior written permission.
All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
- IDEA SUBMISSION
If you send us suggestions, ideas, notes, drawings, concepts, feedback or other information regarding our Services (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Search Party in perpetuity. By making any Submission, you automatically grant Search Party the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Search Party chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. You further waive all so-called “moral rights” in all Submissions as well as the right to make any claims against Search Party relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
- PROHIBITED CONDUCT
YOU AGREE not to violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct, actions, and inactions while on the Services.
You agree that you will comply with these Terms of Service and will not (and will not assist or permit any third party to):
- create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
- impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;
- delete, remove, circumvent, bypass, disable, damage, or otherwise interfere with (i) security-related features of the Services or other protective measures or safety mitigations, (ii) features that prevent or restrict use or copying of any content accessible through the Services, (iii) features that enforce limitations on the use of the Services or other restrictions, or (iv) the copyright or other proprietary rights notices on the Services;
- send junk mail or spam to users of the Services or to any e-mail address or contact information available through the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
- harvest or collect email addresses or other contact information of other users from the Services or that are otherwise available through the Services;
- access any website, server, software application, or other computer resource owned, used, and/or licensed by Search Party, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose or otherwise automatically or programmatically extract data from the Services;
- defame, harass, abuse, threaten, or defraud users of the Services or third parties, or collect or attempt to collect, personal information about users or third parties without their consent;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of underlying components of the Services or any part thereof, including our models, algorithms, or systems, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
- modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;\
- interfere with or damage the operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, harmful materials, or other malicious code;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy; and
- use the Services for comparative analysis, benchmarking or to build a competing service.
- TERMINATION
Subject to the terms and conditions of these Terms of Service, including Section 6, you may terminate the Services and your User Account by sending an email to brandon@searchparty.com or by following the prompts for termination within the Services.
To the fullest extent permitted by applicable law, Search Party reserves the right, without notice and in our sole discretion, to suspend or terminate your license to access and use the Services, to delete your User Account, and to block or prevent your future access to and use of the Services, including without limitation where we reasonably consider that: (i) your use of the Services violates these Terms of Service, any usage policy, or applicable law; (ii) you fraudulently use or misuse the Services; (iii) your use of our Services could cause risk or harm to Search Party; or (iv) we are unable to continue providing the Services to you due to technical or legitimate business reasons. The foregoing sentence includes the ability of Search Party to terminate or to suspend your access to the Services under any Paid Subscriptions, Unpaid Subscriptions, or during any Trial Period. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Search Party in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
- INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Search Party, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Search Party reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Search Party, and you agree to cooperate with Search Party’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- DISCLAIMERS; NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, DEFECTS, AND ERRORS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (II) SEARCH PARTY DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) SEARCH PARTY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (IV) SEARCH PARTY DOES NOT MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICES OR ANY OTHER PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON OR ENTITY’S EXPECTATIONS OR REQUIREMENTS, ACHIEVE OR OBTAIN ANY PARTICULAR OR INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY WEBSITE, PLATFORM, SYSTEM, OR OTHER SERVICES; (V) SEARCH PARTY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (VI) SEARCH PARTY DOES NOT REPRESENT OR WARRANT THAT IT WILL PRESERVE OR MAINTAIN THE SOURCE ACCESS INFORMATION, INPUT, OUTPUT, CONTENT, OR OTHER USER DATA WITHOUT LOSS.USE OF THE SERVICES IS AT YOUR OWN RISK AND MAY RESULT IN LOSS OR CORRUPTION OF DATA OR OTHER UNINTENDED CONSEQUENCES.
SEARCH PARTY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SEARCH PARTY, INCLUDING INACCESSIBILITY OF THE SOURCES, USER DATA, OR THE SOURCE ACCESS INFORMATION.
THE INDEMNIFIED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DATA OR CONTENT PROVIDED BY OR ON BEHALF OF YOU OR ANY THIRD PARTIES, NOR SHALL THE INDEMNIFIED PARTIES HAVE ANY OBLIGATION TO REVIEW ANY DATA OR CONTENT PROVIDED BY OR ON BEHALF OF YOU OR ANY THIRD PARTIES.YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SOURCE ACCESS INFORMATION AND USER DATA PROVIDED BY YOU AND/OR YOUR SELECTED SOURCES. SEARCH PARTY DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY THEREOF AND SEARCH PARTY SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION THEREWITH.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEARCH PARTY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS WHICH YOU TAKE BASED OFF OF THE INFORMATION OBTAINED FROM THE SERVICES.
SEARCH PARTY CANNOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR MALICIOUS ACTORS. IN NO EVENT SHALL SEARCH PARTY BE RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY YOU BASED UPON USE OF THE SERVICES.
- LIMITATION OF LIABILITY AND DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL SEARCH PARTY OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SEARCH PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, SEARCH PARTY SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT SEARCH PARTY HAS OFFERED THE SERVICES, INFORMATION, MATERIALS, AND OTHER CONTENT AND DATA, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SEARCH PARTY, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SEARCH PARTY. SEARCH PARTY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
UNDER CALIFORNIA CIVIL CODE SECTION 1542, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING SEARCH PARTY, OUR SERVICES, OUR PRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND SEARCH PARTY. IF YOU ARE A RESIDENT OF A STATE AND/OR JURISDICTION WITH LEGAL PROVISIONS OR PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE ALL SUCH PROVISIONS AND PROTECTIONS WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING SEARCH PARTY, OUR SERVICES, OUR PRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND SEARCH PARTY.
- APPLICABLE LAW AND VENUE; ARBITRATION
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SEARCH PARTY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SEARCH PARTY.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and Search Party agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sacramento, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Search Party may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Search Party or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, Search Party would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that Search Party shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Search Party’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or Search Party’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND SEARCH PARTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Search Party agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
YOU AND SEARCH PARTY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- MISCELLANEOUS
- Waiver. If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
- Severability. If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Notice. In accordance with provisions in this Terms of Service requiring Search Party to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Search Party can be done so by means of email to brandon@searchparty.com by first class mail, postage prepaid, or overnight courier to:
Search Party LLC
1610 R Street, 3rd floor, suite 403
Sacramento, CA
- Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Search Party without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
- Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7-15.
- Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content that we believe violates these Terms of Service or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
Search Party LLC
Attn: Copyright Agent
1610 R Street, 3rd floor, suite 403
Sacramento, CA
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the allegedly infringing material is located on our site so we can find it
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
- Entire Agreement. The Terms of Service is the entire agreement between you and Search Party relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Search Party as set forth herein.