These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SeekIt ("we," "us," or "our") governing your use of the SeekIt browser extension ("Extension"). By installing, accessing, or using the Extension, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not install, access, or use the Extension. Your continued use of the Extension constitutes acceptance of any modifications to these Terms.
The SeekIt Extension is a browser extension that sets your default search engine to SeekIt (search.seekit.com). It offers enhanced search functionality with privacy settings you control.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Extension for your personal, non-commercial use.
You agree not to:
Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Extension, you consent to the data practices described in our Privacy Policy.
The Extension and all related content, features, and functionality, including but not limited to software, text, graphics, logos, and design, are owned by SeekIt or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms do not grant you any right, title, or interest in the Extension or any content, except for the limited license expressly granted above.
The Extension may integrate with or provide access to third-party services, websites, or content. We do not control these third-party services and are not responsible for their availability, content, or practices. Your use of third-party services is subject to their respective terms and privacy policies.
We reserve the right to:
Updates may be delivered automatically through your browser's extension management system.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXTENSION IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We expressly disclaim all warranties and conditions not expressly set out in these Terms, and further disclaim all warranties and conditions implied by statute, common law, custom, trade usage, course of dealing, or otherwise.
Without limiting the foregoing, we make no warranty or representation and disclaim all responsibility for whether the Extension:
No advice or information, whether oral or written, obtained by you from us or through the Extension will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEEKIT, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, DISTRIBUTORS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EXTENSION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION:
This limitation applies regardless of the legal theory on which the claim is based, including but not limited to contract, tort (including negligence), strict liability, or any other basis, even if we have been advised of the possibility of such damages.
BECAUSE THE EXTENSION IS PROVIDED FREE OF CHARGE, AND CONSIDERING THAT YOU RECEIVE A VALUABLE SERVICE WITHOUT ANY MONETARY PAYMENT, IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE CENT ($0.01).
The limitations set forth in this section shall not limit or exclude liability for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct of SeekIt.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SEEKIT, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "SEEKIT PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES AND COSTS), RESULTING FROM OR ARISING OUT OF:
This indemnification obligation will survive these Terms and your use of the Extension. You acknowledge and agree that SeekIt shall have the right to control the defense of any such claim, and you agree to cooperate with SeekIt in the defense of any such claim.
These Terms remain in effect until terminated by either you or us. You may terminate these Terms at any time by uninstalling the Extension. We may terminate or suspend your access to the Extension immediately, without prior notice, if you breach these Terms.
Upon termination, your right to use the Extension ceases immediately, and you must uninstall the Extension from all devices.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE EXTENSION, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN HONOLULU, HAWAII, BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND SEEKIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, TRIAL BY JUDGE, OR TO PARTICIPATE IN A CLASS ACTION.
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SeekIt regarding the Extension and supersede all prior or contemporaneous understandings and agreements.
We reserve the right to modify these Terms at any time. We will notify users of material changes by:
Your continued use of the Extension after any changes constitutes acceptance of the new Terms.
For questions about these Terms or the Extension, please contact us:
Email: [email protected]
Mailing Address:
SeekIt
Attention: Legal Department
200 Vineyard Blvd, Suite A-325 – 370
Honolulu, HI 96817
United States