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Terms Of Use
1. Description Of Service
whatUseek ("whatUseek") provides a site search service ("Service") under the title of "siteLevel".  The Service allows users ("Users") to place a search box on their Web site ("Web Site") from which a visitor ("Visitor") to the given site can search within that site.  Subject to the terms of this agreement ("Agreement"), whatUseek shall grant you ("You") license to use the service within the scope provided for in this Agreement.
 
2. Acknowledgement Of Agreement
You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.  If applicable, "You" or "Your" as referred to in this agreement means the entity or company (the "Company") for which the Service is licensed pursuant to this agreement.  In such event, you warrant and represent that as the individual clicking on the "Accept" button, you are authorized to enter into this agreement on behalf of the Company for which the Service is being created and which owns the Web site being indexed.
 
3. Entire Agreement
This Agreement constitutes the entire agreement between You and whatUseek and governs Your use of the Service.
 
4. This Agreement Is Personal To You
This Agreement does not include the right to sublicense and may not be assigned, by operation of law or otherwise, or transferred without the prior and explicit written consent of whatUseek.  Any attempted assignment in the derogation hereof shall be null and void.
 
5. Prohibitions
You shall be prohibited from using the Service and this Agreement shall automatically terminate if You use the Service in connection with any of the following material, content or activities: (i) Nudity, pornography, or sexual material of a lewd, lecherous or obscene nature and/or intent or that violates local, state or national laws; (ii) any material that violates or infringes in any way upon the rights of others, pirated software (copyrighted photographs, text, video or artwork); (iii) any material that is threatening, abusive, harassing, defamatory, invasive or privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, including posting private information of another person; (iv) content that promotes, encourages, or provides instructional information about illegal activities including, without limitation, hacking, cracking, or phreaking (phone fraud); (v) any software, information or other material that contains a virus, "Trojan Horse," trap door, corrupted data or any other harmful or damaging component; (vi) content containing hate propaganda, hate mongering, swearing, or fraudulent material.
 
6. Listing Of Account
You grant whatUseek permission to list Your name and Web site name in listings of Users of the Service.
 
7. Right To Information
You affirm having legal right to store, reproduce or otherwise make use of information of the Web Site specified by You, and acknowledge that this information may be accessed and stored by whatUseek.  You retain all legal rights to this information.
 
8. Dealings With Advertisers
Your and/or Your Visitors' correspondence or business dealings with, or participation in promotions of, advertisers ("Advertisers") found on or through the Service (through advertising banners, email advertisements, etc.), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between You and/or your Visitors and such Advertiser.  You agree that whatUseek shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealing or as the result of the presence of such Advertisers on the Service.
 
9. No Removal Of whatUseek Formatting Of Results
The search results of the Service shall only be used by You in the format served by whatUseek.  You may not parse and/or extract the search results with the effect of changing or omitting the formatting of the search results as provided by whatUseek.  In addition, You may not place code into the Advanced Customization settings that purposefully omit whatUseek formatting of results, including but not limited to interfering with the placement of advertising banners or credit text and graphics.
 
10. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
 
11. siteLevel Free Service
By default, You shall be provided with the Free Service ("siteLevel Free Service").  whatUseek shall accordingly place advertising banners and/or listings in a manner and format at whatUseek's sole discretion.  Additionally, a credit button shall be placed on your search results pages containing graphics and the text of "Powered by whatUseek" or similar text.
 
12. Premium Service
Upon Your payment of applicable fee(s) to whatUseek, whatUseek shall provide You with the Premium Service ("Premium Service") described on the siteLevel Web site.  As part of the Premium Service, whatUseek shall discontinue, for the period that Your Account's fees are paid up to date, the placement of advertisements on your search results pages.  whatUseek shall also discontinue the placement of a credit button at the bottom of Your search results pages and instead replace it with a non-hyperlinked text credit.  Certain other exclusive features may be provided to the Premium Service as described on the siteLevel Web site.  The Premium Service shall be provided for the period that applicable fees are paid up to date.  If and when applicable fees for the Premium Service pass due, whatUseek shall change the designation of Your Account to the siteLevel Free Service.  In the case that You pay for the Premium Service by credit card, you grant whatUseek permission to charge Your credit card automatically at the beginning of the billing period cycle which You specify when purchasing the Premium Service until which time that You either delete Your Account or discontinue the Premium Service for Your Account.
 
13. Modifications To Service
whatUseek 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.  You agree that whatUseek shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
 
14. Development Of Competitive Product
You may not use the Service for the purpose of aiding in the development of a competitive product of the Service.
 
15. Term
This Agreement shall commence upon valid registration of Your Account and shall continue until terminated (see Termination).
 
16. Termination
You may terminate this Agreement by deleting Your Account at any time.  whatUseek may terminate this Agreement upon 14 days written notice (including via email).  Any fees that You have paid whatUseek for Premium Service for which the complete value of Your purchase has not been realized by You, shall be paid back to You by whatUseek pro-rated to the proportion of the value not realized within 6 (six) months of the date of termination.  The obligations of You and whatUseek in Sections 3, 6, 8, 9, 10, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 shall survive termination or expiration of this Agreement.  Upon termination, all licenses granted hereunder shall immediately terminate.
 
17. Special Admonitions For International Use
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
 
18. Indemnification
You are entirely responsible for maintaining the confidentiality of the password of Your Account.  Furthermore, You are entirely responsible for any and all activities which occur under Your Account and agree to indemnify, defend, and hold harmless whatUseek for any liability or expense arising from such use or misuse.  Your agree to immediately notify whatUseek of any unauthorized use of Your Account or any other breach of security know to You.
 
19. Limitation Of Liability
Under no circumstances, including, but not limited to, negligence, shall whatUseek be liable for any or consequential damages that result from the use of, or the inability to use, the Service, even if whatUseek or a whatUseek authorized representative has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In no event shall whatUseek's total liability to Your for all damages, losses, and causes of action (whether in contract, tort (including, but no limited to, negligence), or otherwise exceed the amount paid by You, if any, for the Service.
 
20. Force Majeure
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, was, governmental action, labor conditions, earthquakes, material shortages, or any other cause beyond the reasonable control of such party.
 
21. Governing Law
This Agreement and the relationship between You and whatUseek shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.  You and whatUseek agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wayne County, Michigan.
 
22. General
The failure of whatUseek to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.  If any right or provision oft his agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this agreement 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 use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
 
23. Information Not Warranted Or Guaranteed In Any Way
The Service is provided on an "as is, as available" basis.  WhatUseek makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to whatUseek or any 'information'.
 
whatUseek does not warrant or guarantee 1) the accuracy, adequacy, quality, currentness, validity, completeness, or suitability of any information for any purpose; 2) that any information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 3) that the information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 4) that the functions or services performed by whatUseek will be uninterrupted or error-free or that defects in whatUseek will be corrected.
 
24. No whatUseek Liability
In no event shall whatUseek by liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information.  whatUseek shall not be responsible if any information infects or contaminates Your or your Visitor's system or information.  The entire risk as to the quality and performance of the Service and the accuracy, adequacy, completeness, currentness, validity, and quality of any information is with You.
 
IN NO EVENT WILL WHATUSEEK BE LIABLE TO ANY PARTY (I) FOR ANY DIRECT, INDIRECTM SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE WHATUSEEK OR ANY 'INFORMATION', EVEN IF WHATUSEEK SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (II) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION'.
 
25. Copyrights And Trademarks
Copyright © 1999-2014 What-U-Seek, Corp.
 
11873 Market St.
Livonia, MI 48150
 
All rights reserved.
 
26. Restricted Rights Legend
Use, duplication, or disclosure by the United States Government is subject to the restrictions set for the in DFARS 252.227-7013(c)(1)(ii) or FAR 52.227-19 as applicable.
 
27. Trademarks
whatUseek, siteLevel, Chubba, the whatUseek logos, and the Tagline "Bridging The Last Mile Of Search." are trademarks of What-U-Seek, Corp. which may be registered in certain jurisdictions.  Other trademarks shown are trademarks of their respective owners.
 
 
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