batchSEARCH Usage and Membership Agreement
INTRODUCTION
This is the Terms of Service Membership Agreement ("Agreement"), a legal agreement between You and Computer Locators International, Inc., a California corporation doing business as batchSEARCH.com (hereinafter referred to as "batchSEARCH.com,"batchSEARCH", "We," "Us," or "Our"). We provide products and services ("Services") offered through www.batchSEARCH.com (the "Site") to You as a registered Member or authorized user, subject to the terms and conditions of this Agreement. In this Agreement, "Member," "You," "Your," and "Yourself" refers to an individual accessing the Site, regardless of the particular batchSEARCH Service used, purchased or authorized. By accessing the Site, You expressly acknowledge acceptance of the terms and conditions of this Agreement. The Agreement will continue in full force and effect until terminated; this Agreement is not a transfer of any of the property, rights or interests, nor is it a license of any of the intellectual property of batchSEARCH.com. Your use of our Site and Services constitutes your binding acceptance of this Agreement, including any modifications that We make.
ELECTRONIC COMMUNICATIONS
When You visit batchSEARCH.com or send e-mails to us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. If You do not provide Us with accurate information, We cannot be held liable if We fail to notify You.
PRIVACY
Please review Our Privacy Policy found on the home page of www.batchSEARCH.com
SITE USAGE, FREE USAGE, MEMBERSHIP, AND ENTERPRISE PROGRAM
Any person desiring to use Free, Member, or Enterprise products and services of batchSEARCH.com must read, understand, and agree to all terms and conditions of this Agreement in order to become Authorized Users ("User", "Users") and use any of Our Services. You agree and understand that by accepting or using any product or service of batchSEARCH.com, made available for Your use by any means whatsoever, that You have accepted this Agreement in its entirety. If You do not understand and agree to all aspects of this Agreement you are not authorized to use our Services; you may email Us at service@batchsearch.com if you have questions regarding this Agreement or Site usage.
We offer Authorized Users Free usage of our site and applications limited by daily keyword, or search term, entries into our single term search bar or keyword list entry search box at Our sole discretion and authority. At this time, Free users may search up to 30 search terms per day, entered in any combination of single terms or lists of terms. Free use of our Site is not guaranteed in any manner and is made available at our expense and sole discretion and is subject to general limitation, search term limit changes, or discontinuation by Us at any time.
Membership to batchSEARCH.com is granted only to individuals and is obtained by submitting Your request via indicated procedures, Our approval of Your request, and Your prepayment of subscription or per term wallet fees through Our payment processor, PayPal. All policies related to Your actual payment processing, credit card and confidential information handling, protection, and privacy and other policies, terms, agreements, or processes related to payment for Our Services are determined by PayPal. All fees are non-refundable and may have various auto renewal policies which will be clearly indicated at the time of purchase. It is Your responsibility to understand any recurring fee policy before agreeing to purchase any product or service from Us. You may cancel your subsciption or membership or update Your personal information by emailing service@batchSEARCH.com from the email account provided during sign up and providing Us with Your name, email address, password and Your updated information.
batchSEARCH.com accepts and approves Members and Enterprise requests, and provides Free services at its sole, absolute, and exclusive discretion. Competitors of batchSEARCH.com, including but not limited to any owners, employees, agents or other benefactors of companies involved in providing user agent and application based web mining solutions to customers, are prohibited from using Our Services in any manner.
Membership Terms vary and are fully prepaid and non-refundable. Membership and this Agreement can be terminated by Us for Your violation of this Agreement, and for other reasons determined by Us to be in the interests of Us or our Members. You may terminate Your Membership and this Agreement by sending an email stating Your desire to terminate to service@batchSEARCH.com, Subject line: Termination of Membership.
Details of Free usage, Membership levels, and the Enterprise program and request form are available on our Site.
All information submitted by You to obtain Our services must be valid, current, and accurate to the best of Your knowledge, or denial, termination, or suspension of Membership and Services may occur. All Logins and Passwords are considered property of batchSEARCH.com and are to be used only by the Member. Violation of this or other aspects of this Agreement may cause termination of Membership and/or Services.
USE OF OUR SERVICES
Anyone who does not read, acknowledge, fully agree with, and accept without reservation, each of the statements labeled "A" through "D" below is hereby prohibited from Membership and/or from using batchSEARCH free products or Our Services in any manner:
A) batchSEARCH is strictly and exclusively for:
1) personal use.
2) non-commercial use.
3) use in a manner which does not or will not cause any violation of the Terms of Use of any website.
4) use in a manner which does not or will not cause any violation of the intellectual property rights of others including copyright, trademark, and all other forms these rights may customarily take.
B) Any and all forms of data that can be rendered by batchSEARCH may not be distributed in any manner.
C) If You are the documented owner/authorized agent of the website and content being rendered with batchSEARCH and are an Enterprise level member, you may choose to alter or modify the manner in which your customers can access or distribute your content in comparison to Members using batchSEARCH to render sites on the internet they do not own or control; any exceptions you wish to request to any aspect of this Agreement, due to your ownership of the site and content being rendered, must be approved by submitting your request to batchSEARCH.com via email at service@batchsearch.com; Subject Line: Enterprise Owner Content.
D) All Members and users understand and fully accept the "As Is", "No Warranty" condition and delivery of our Services.
Additionally, Free Users and Members agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from batchSEARCH technology or batchSEARCH.com. You acknowledge that all rights, title and interest to Our technology, products, and services are owned by batchSEARCH.com.
COPYRIGHT, TRADEMARK, PATENT PENDING
All content included on this site is the property of batchSEARCH.com and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of batchSEARCH.com and protected by U.S. and international copyright laws. The batchSEARCH logo and service name are trademarked or have certified applications for trademark in the U.S. and/or other countries. batchSEARCH and batchSEARCH.com may not be used in connection with any product or service in fields related to web mining or internet searching or related devices that are not batchSEARCH.com's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits batchSEARCH.com. The batchSEARCH application is Patent Pending technology. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
THIRD PARTY TRADEMARKS
Excel, Microsoft, EBay, Amazon.com, Google, Google Product Search, CNET, downloads.com, Target, Home Depot, and other Featured Websites' names, logos, icons, trademarks, registered trademarks, trade names,and product names are the property and/or registered property in the U.S. and other countries of their respective owners. The names of any actual companies and products mentioned or shown at batchSEARCH.com may be the trademarks of their respective owners. All trademarks, registered trademarks, trade names, trade dress, product names, and/or logos mentioned or shown at batchSEARCH.com are used nominatively and/or strictly in any manner that is unlikely to cause confusion among customers, or that in any manner disparages or discredits any respective owner. batchSEARCH.com is not sponsored, endorsed, or associated in any way with the owners of any trademark, registered trademark, trade name, trade dress, product name, and/or logo that may be used nominatively herein or in the batchSEARCH.com Site.
LINKS TO THIRD PARTY WEBSITES
This Site may contain links to Websites owned or operated by parties other than batchSEARCH.com. Such links are provided for Member reference and individual, non-commercial use only; batchSEARCH.com does not control outside Websites and is not responsible or liable for their content in any way; You link to third party websites at Your own risk. Our inclusion of links to any Website does not imply any endorsement of any data, products, or services found at or via these Websites,or any sponsorship, affiliation or association with the respective owner, operator or sponsor, nor does Our inclusion of said links imply that batchSEARCH.com is authorized to use any trade name, trade dress, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. Members and/or Site users linking to said Websites are responsible for full compliance with the Terms of Usage of each respective site and You are responsible for compliance with applicable copyright and intellectual property laws, customs, and regulations.
DESCRIPTION AND NATURE OF batchSEARCH TECHNOLOGY
batchSEARCH.com provides Members with data and information only for personal, non-commercial use that is customarily and freely accessible to them via standard internet searches, or "surfing", using standard Web browsers and internet communication protocols. Users utilize the batchSEARCH User Agent and Browser Application to render query results in a value-added manner designed to increase their usage of any searched site by providing greater efficiency, productivity, and customization to their internet search experience.
Our Users gain significant benefits by choosing batchSEARCH, which could be considered a specialized "Web browser", over generic browsers and user agents because the freely offered and raw HTML source code of a searched website is rendered for them in full compliance with all provisions and specifications of the HTML standard, but in an Patent Pending manner targeted to their need for maximum internet search speed, efficiency, and productivity.
Searches conducted from batchSEARCH.com can benefit respective sites by delivering increased visitor traffic, page views, ad revenues and clicks, visitor durations, and product and service sales to the sites which can result in higher search engine rankings and customer loyalty for and to these sites as the intrinsic nature of Our process allows viewing, utilizing, bookmarking, interfacing, and all other forms of actual Webpage Content access only through direct and traditional Web browser linkage to the real-time, individual Web pages of the data originating said sites. batchSEARCH.com is an internet search solutions provider and generates key revenue from the sale of Memberships and is not a shopping,revenue sharing,or advertising dependent service; Our Members benefit by significantly decreasing the time, effort, and cost needed to research and consume available products and services offered by selected internet sites via the batchSEARCH technology. All listings, products, or services rendered via batchSEARCH.com and subsequently viewed,clicked, accessed, purchased or consumed, and any advertising seen or accessed by Members, is done so directly at the respective searched site via standard Web browser and user agent technology to and for the exclusive benefit of the searched site. batchSEARCH.com provides clear and tangible benefits to both Members and searched site owners. Any comparisons made between search results, data, and or listings from various websites and internet search engines that are offered or able to be maufacutured by our Products are also commonly available to typical users of the internet who would render said websites and search engines utilizing popular web browsers such as Internet Explorer or Mozilla Firefox with two or more windows or tabs open to render such results, data, or listings.
The batchSEARCH User Agent efficiently renders only one "Web page", resultant from the entry of one query, at one Website, to one Member at a time for their individual,non-commercial use. Our User Agent conforms and abides to all applicable copyright law and does not distribute,copy, frame, create derived works from, save, sell, resell, alter, or exploit the copyrighted content of any Website on the internet. batchSEARCH.com does not offer or provide robotic crawling, web page scraping, harvesting, or other automated or programmatic data mining or harvesting services or products: each User must manually enter all queries, manually begin all search sessions, manually clear and begin all subsequent search sessions, manually scan or save selected results, and manually link directly to originating Websites to view, interact with, make purchases from, or utilize Webpages.
batchSEARCH.com offers Users-only, session oriented, human user-controlled, on-screen, real-time, Patent Pending targeted internet surfing for personal, non-commercial use designed to render freely offered internet HTML code to Our Users in a manner designed to meet their needs. batchSEARCH does not enable Users to deep-link, robot, spider, or use other automated algorithms, devices, programs, or other methodologies to harvest or monitor any Website, nor does it enable Users to obtain any data not purposely made freely available to any user of the internet. batchSEARCH does not probe, scan, or test the vulnerability of sites or any network connected to respective sites, nor does it breach the security or authentication measures of any site or any network. batchSEARCH.com does not make demonstrations, publish using net forums, conferences, third-party Web sites, mailing lists, Bulletin Board Systems or spread and distribute the Content of searched sites in any way by providing individual Users with an alternative to generic internet browsing technology.
NO WARRANTY; "AS IS"
MEMBERSHIP TO THE batchSEARCH.com SITE, SEARCH QUERY RESULTS FROM WEBSITES MADE AVAILABLE FOR BATCH SEARCHING CURRENTLY OR IN THE FUTURE, AND GOODS AND SERVICES OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE batchSEARCH.com SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND. batchSEARCH.com EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, REGARDING THE SITE, MEMBERSHIP WITH THE SITE, SEARCH QUERY RESULTS OBTAINED OR NOT OBTAINED FROM THE SITE,OUR PRODUCTS AND SERVICES, AND ALL PRODUCTS,SERVICES, PURCHASES, TRANSACTIONS, OR OTHER COMMUNICATIONS TO LINKED SITES BY MEMBERS MADE DIRECTLY OR INDIRECTLY THROUGH THE SITE INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. In addition, batchSEARCH.com makes no representation or warranty of any kind that the operation of the Site, the performance of the batchSEARCH applications and products including pay per term products, and the availability of search query data results from any Website now available for batch searching or that may be available in the future, will be as advertised, perceived to have been advertised, continuous, consistent, ongoing, uninterrupted, or error free. batchSEARCH.com makes no promise, guarantee, or warranty that performance characteristics of any kind will be achieved by Our Services, including but not limited to: query processing speed; maximum allowable batch size; number of results, if any, available or delivered per query; number of sites that can be searched simultaneously; functionality of links; presence or absence of CAPTCHA codes; and any other features that may be advertised, discussed, desired, or that have been achieved in other instances. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.The provisions stated in this section survive termination or expiration of this Agreement.
LIMITATION OF LIABILITY
batchSEARCH.com AND ITS PARENT CORPORATION, COMPUTER LOCATORS INTERNATIONAL, INC., AND THEIR RESPECTIVE OWNERS,EMPLOYEES, OFFICERS, MANAGERS,AGENTS, SUBSIDIARIES, WEBSITE AND APPLICATION DEVELOPERS/MANAGERS/HOSTS, SUBCONTRACTORS,AND JOINT VENTURES (THE batchSEARCH.com PARTIES) WILL NOT BE LIABLE TO YOU FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, LOST DATA OR ANY OTHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,INCIDENTAL,OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OUR PRODUCTS OR SERVICES WHETHER SUCH CLAIM IS BASED ON WARRANTY,NEGLIGENCE,CONTRACT, TORT, OR OTHERWISE, EVEN IF batchSEARCH.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, batchSEARCH.com's AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE YEAR'S MEMBRSHIP FEES, PAID BY YOU BEFORE ANY ACTION GIVING RISE TO THE CLAIM OF THE LIABILITY, OR $100. batchSEARCH.com WILL NOT BE LIABLE TO YOU FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN OUR SITE, ANY LINKED WEBSITES, OR SERVICES. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to You.
Without limiting the foregoing, under no circumstances will batchSEARCH.com be held liable for any incorrect or inaccurate information, whether caused by the Site,or by any of the equipment or programming associated with or utilized in the Site. batchSEARCH.com will have no responsibility or liability for any interruption, error, omission, deletion, defect, operation or transmission delay, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site. batchSEARCH.com will not be responsible and assumes no liability for any problems or technical malfunction of any telephone, network, cable or lines, computer, on-line-systems, servers or providers, computer equipment, software, failure of e-mail, technical problems or traffic congestion on the Internet or at any Website or combination thereof,including injury or damage to participants or to any other person's computer, related to, or resulting from, participating in, or downloading materials of, the Site. batchSEARCH.com will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer and all other equipment failures, any physical plant issues or failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions,orders of domestic or foreign courts or tribunals, non-performance of third parties,or any unauthorized use of proprietary or confidential information. batchSEARCH.com contains links to Websites controlled by other companies and batchSEARCH.com is not responsible for and does not endorse, or accept any liability for, the content or use of those Websites.
In accordance with the Electronic Communications Privacy Act Notice (18 U.S.C. § 2701-2711) and without limiting the foregoing, batchSEARCH.com makes no guarantee of the confidentiality or privacy of any communication or information transmitted on the Site or any Website linked to the Site. batchSEARCH.com will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential information, or any other content transmitted over networks accessed by the Site, or otherwise connected with the use of the Site. The provisions of the stated Limitation of Liability survive termination or expiration of this Agreement.
RELEASE OF batchSEARCH.com
If You have a dispute with one or more Members, You release the batchSEARCH.com Parties from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, You waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor. The Release provisions survive termination or expiration of this Agreement.
INDEMNITY
You hereby agree to indemnify, defend, and hold harmless the batchSEARCH.com parties from and against any and all allegations, demands, claims, liabilities, damages, losses, fines, penalties, costs, and expenses of whatsoever nature, including attorneys' fees, incurred by any batchSEARCH.com party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: Your use of the Site; any use or alleged use of Your accounts or Your Login/Password by any person, whether or not authorized by You;Your connection to Our Site; Your violation of this Agreement; or Your violation of the rights of any other person or entity. You may not enter into any settlement that adversely affects batchSEARCH.com without Our prior written approval. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with Our defense of these claims. The Indemnity provisions survive termination or expiration of this Agreement.
ARBITRATION
We may elect to resolve any controversy or claim arising out of or relating to this Agreement or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ventura County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or We may seek any interim or preliminary relief from a court of competent jurisdiction in Ventura County, California, necessary to protect the rights or the property of You or the batchSEARCH.com Parties, pending the completion of arbitration. These Arbitration provision survive termination or expiration of this Agreement.
GOVERNING LAW
This Agreement and the rights of the parties hereunder will be governed by, interpreted, and enforced in accordance with the internal laws, and not the laws pertaining to choice or conflict of laws, of the State of California and the Federal Arbitration Act.
CONFIDENTIALITY
You agree that any and all information emanating from You or Us,in any form, including this Agreement in its entirety, and any methods, systems, or other elements created, learned or developed by You in performing this Agreement is "Confidential and Proprietary Information." Each party agrees that it will not, during or after the term of this Agreement, permit the duplications or disclosure of any such Confidential and Proprietary Information to any person unless such duplication, use or disclosure is specifically authorized by the other party in writing. Confidential and Proprietary Information is not meant to include any information that, at the time of disclosure, is in the public domain.
GENERAL PROVISIONS
You may not assign or transfer this Agreement or any Member rights or obligations, in whole or in part, by operation of law or otherwise, without the prior written consent of batchSEARCH.com, which may be withheld in its sole and exclusive discretion; We may assign this Agreement in whole or in part without Your consent. No waiver of this Agreement, or any part hereof, will be binding unless made in writing and signed by the party claimed to have made such waiver. No waiver of any breach or condition of this Agreement willbe deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to enforce subsequently the provision.
ELECTRONIC SIGNATURE PROVISIONS
You represent and warrant that You have the legal right, power, and authority to agree to the terms of this Agreement on Your behalf. You further agree that Your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that You have formed, executed, entered into, accepted the terms of, and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA, and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by You. You consent to the use of (a) electronic means to provide You with any notices given pursuant to this Agreement and (b) electronic records to store information related to this Agreement and Your use of the Site and Services.
COMPLETE AGREEMENT
This Agreement together with the rules and policies of batchSEARCH.com constitute the entire agreement between You and batchSEARCH.com in regards to, Your use and/or Your Membership and Our Services. If any provision of this Agreement is deemed, or becomes, invalid, illegal, or unenforceable in any jurisdiction, then: (a) such provision will be deemed amended to conform to applicable laws of such jurisdiction so as to be valid and enforceable or, such provision will be stricken if it cannot be amended without materially altering the intention of the parties, (b) the validity, legality, and enforceability of such provision will not in any way be affected or impaired thereby in any other jurisdiction; and (c) the remainder of this Agreement will remain in full force and effect.
THIS AGREEMENT WAS UPDATED ON APRIL 13, 2011
