Terms of Service – InstantSearch+
http://www.instantsearchplus.com ( “Website” or “Site”) is a website that provides InstantSearch+ web services (“Service”), operated by Fast Simon, Inc. (“Company”). By using the information, Service available through this Site you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by the terms and conditions, you must leave the Site immediately and do not use the Service. Any further access of the Site will be considered as an acceptance of the terms and conditions stated below. Company may modify this agreement at any time and such modification shall be effective immediately upon posting of the modified agreement on the site. You agree to be bound to any changes to this agreement when you use the Site after any such modification is posted. It is therefore important that you review the Terms
of Conditions regularly to ensure you are updated with the changes.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
Intellectual Property Rights
The website, its content, web design, software, web services, feed, data, and underlying technology are properties of the Company, and are protected by international copyright and trademark laws. The Service is copyright©2016 All rights reserved. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the copyrighted content on the Site without written consent of the company. Any use of the trademarks or any other copyrighted content on the site without prior written consent of the Company is strictly prohibited. InstantSearchPlus may use the information sent by customers to enhance the service.
You alone are responsible for your conduct on the Site. Without limitation to the foregoing, you agree that you will not use the Site or Software to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Technical support is only provided to paying account holders via via email.
- You understand that InstantSearchPlus uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, InstantSearchPlus, or any other InstantSearchPlus service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by InstantSearchPlus.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any InstantSearchPlus customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your queries, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any content or any code of a destructive nature via our API.
- If your bandwidth usage exceeds the Service limites, or significantly exceeds the average bandwidth usage (as determined solely by InstantSearchPlus) of other InstantSearchPlus customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- InstantSearchPlus does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that InstantSearchPlus 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 InstantSearchPlus has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into 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 service; (v) or any other matter relating to the service.
- The failure of InstantSearchPlus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and InstantSearchPlus and govern your use of the Service, superceding any prior agreements between you and InstantSearchPlus (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to info at InstantSearchPlus dot com.
Third-party sites, products, and Services
Delivery of Search Suggestions and Results
By accessing the Site or integrating the Service, you hereby grant permission to display search suggestions and/or results through the Service. The timing, frequency, placement of these suggestions are determined solely by the Service.
Payment, Refunds, Upgrading and Downgrading Terms
- Payment are done on a monthly billing cycle using a direct deposit to InstantSearchPlus bank account.
- If you initially sign up for an account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
- An upgrade from the free 1-project plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. InstantSearchPlus does not accept any liability for such loss.
- Cancellation and Termination
- You are solely responsible for properly canceling your account – we take pride and provide a simple no questions asked cancellation policy.
- All of your content access will be immediately unavailable from the Service upon cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- InstantSearchPlus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other InstantSearchPlus service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. InstantSearchPlus reserves the right to refuse service to anyone for any reason at any time.
- Modifications to the Service and Prices
- InstantSearchPlus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the instantsearchplus.com Site or the Service itself.
InstantSearchPlus shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The information, services and products available to you on this Web site may contain errors and is subject to periods of interruption. While the Company does its to maintain the information, services and products it offers on the Site, the Company cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this Web Site.
THE SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FAST SIMON, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF FAST SIMON, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.
You agree to indemnify and hold Fast Simon Inc, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. Fast Simon Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Fast Simon Inc. reserves the right, in its sole discretion, to suspend, modify, add or erase at any time parts of its web Content. Moreover, Fast Simon Inc. has the right to modify the terms of the present Agreement, at any time and without prior warning. You are to verify the Agreement from time to time, because you acknowledge that you are subject to the modifications as soon as they are posted on the web. If at any moment, some services provided by Fast Simon Inc. can be subject to other terms than these stated above, Fast Simon Inc. shall post a visible announcement on the website, regarding the specific regulations for that matter.
These terms and conditions shall be governed by and construed in accordance with the laws of THE UNITED STATES. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the messages contained on the website, or the use of the website, must be filed within one year after such claim or cause of action arose.