Terms Of Service
Effective Date: June 30, 2022
Welcome to SearchBar. These Terms of Service set forth the terms and conditions that apply to your access and use of our website (https://searchbar.world/), web application, and other online services, including the Content (as defined below) (collectively, the “Services”) provided by SearchBar. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.
these terms of service contain a class action waiver, jury waiver, and an agreement to resolve any dispute that may arise by arbitration.
The terms “SearchBar” or “us” or “we” or “our” refer to Culture of Cool LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
1. Acceptance of Agreement
These Terms of Service are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the Content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least 21 years old to agree to these Terms and use our Services.
These Terms of Service may be amended at any time by us without specific notice to you. The latest version will be posted on our website, and you should review these Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
As part of our Services, we feature certain third-party brands and merchants (“Merchants”) that we think will be of interest to our users. The content, organization, graphics, and design of these third-party brands (collectively, “Third-Party Content”) do not belong to us. We do not intend to infringe on any intellectual property rights of these third-parties. Please see our Brand Guidelines and our Copyright Complaints documents for additional information on how we use Third-Party Content.
Except for Third-Party Content, all other content and the organization, graphics, design, compilation, magnetic translation, digital conversion, materials, and other matters related to the Services (“SearchBar Content”) are owned by SearchBar or third-party service providers and protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Collectively, Third-Party Content and SearchBar Content are referred to as “Content.”
The copying, redistribution, use or publication by you of any Content or any part of the Services, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any Content or the Services. The postings of Content on the Services do not constitute a waiver of any right in such information and materials.
SearchBar’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SearchBar or its affiliates or licensors. You must not use such marks without the prior written permission of SearchBar. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
6. Your Relationship with Third Parties
- SearchBar does not offer products for purchase through its Services. You are purchasing goods and/or services from third-party Merchants, and your purchase is governed by any terms and conditions offered by Merchants or any contract between you and a Merchant. You must contact the applicable Merchant to resolve any issues you have with respect to the goods and services you ordered or purchased from the Merchant, including without limitation any issues relating to shipping and delivery, product warranty, product return, refund, exchange, and the terms of any agreements you entered into with the Merchant in connection with your order or purchase. You acknowledge and agree that SearchBar is not responsible for any of these.
- You also acknowledge and agree that SearchBar is also not in any way responsible for the quality, usability, or any other element of the goods or services you order or purchase from a Merchant. You acknowledge that SearchBar does not endorse any goods or services offered for sale on Merchant websites linked to the SearchBar Services. SearchBar does not warrant the accuracy or reliability of any information or marketing messages contained in Merchant websites linked to the SearchBar Services.
7. Limited License; Permitted Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Content and Services strictly in accordance with these Terms of Service. All other rights are reserved.
8. Restrictions and Prohibitions on Use
Your license to access and use the Services and Content are subject to the following restrictions and prohibitions on use: You may not:
- copy (either manually or through automated means), print (except for the express limited purposes permitted by these Terms of Service), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or Content;
- use the Services or Content to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resources (in any media now existing or hereafter developed), that is offered for commercial distribution;
- use the Services in a way to damage, overload, or interfere with the use of the Services, including through unsolicited advertising or mail messages;
- create compilations, change, or otherwise create derivative works of the Content or the Services;
- use any Content or the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
- make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
- remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services’ architecture;
- use any automatic or manual process to harvest information from the Services;
- use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations;
- incorporate any harmful code, computer virus or worm into the Services;
- use the Services in a manner that violates any state or federal law regulating email, facsimile transmission or telephone solicitations; and
- export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States.¸
9. Account Creation and Guidelines
- To access and use the Services, you are required to create an account. To create an account, you are required to provide us with certain information, including, but not limited to, your name, email address, and phone number. You agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
- You acknowledge and agree that (i) any post from your account will be deemed to be a post authored by you; (ii) all posts should be related to the applicable topic, product, or service and shall not be abusive, obscene, threatening, defamatory, libelous, explicit, or offensive in any way; (iii) all posts will be accurate and truthful; (iv) you will not sell or buy any product or service through the Services that is not intended to be sold or bought through the Services; (v) you will not post information that (A) infringes on the intellectual property of other, (B) is confidential or sensitive, or (C) is illegal or objectionable.
- You authorize SearchBar, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include without limitation requiring you to provide your date of birth and/or mobile telephone number, asking you for further information, or verifying your information against third party databases or through other sources. SearchBar reserves the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (i) we are unable to obtain or verify identity or eligibility; (ii) the security of your account has been compromised; or (iii) your account has been used in, or seems to have been used in, a nefarious manner.
10. Content, Errors, Corrections and Changes
We aim to maintain accuracy throughout the Services, but we do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or Content of the Services at any time.
We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services. We may, from time to time, screen or monitor the Services, but we do not have the obligation to do so.
You understand that you may be exposed to Content that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate for you or certain audiences. SearchBar is not responsible for Content that may meet these descriptions.
11. Third-Party Content
The products, Third-Party Content, and services from brands that appear throughout the Services are the products, Third-Party Content, and services of those brands or are third-party products and services sold by the brands. SearchBar does not endorse, support, represent, or guarantee the accuracy, reliability, or quality of these products, the Third-Party Content, or the services. SearchBar is not responsible for any inaccuracy in pricing. SearchBar does not display information related to inventory or product availability and is not responsible for displaying products that may be out of stock, low in stock, or otherwise unavailable. When you access any brand’s website, service, or Third-Party Content, you do so at your own risk and you agree that SearchBar has no liability arising from your use or access to such brand’s website, service, product, or Third-Party Content.
Third-Party Content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content on the Services. You understand that the information and opinions in the Third-Party Content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We may cancel your account at any time and without notice to you.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers (including the Merchants), attorneys, advertisers, service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.
Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
The information and Content from or through the Services are provided “as-is,” “as available,” with “all faults”, and warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information, Content, or Services, except as provided in Section 16(b). No advice or information, whether oral or written, obtained by you from us through the Services or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Service.
16. Limitation of Liability
- We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
- The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.
- The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations.
17. Use of Information
If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms.
19. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.
20. Force Majeure
SearchBar will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond SearchBar’s reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters, epidemics or pandemics, or governmental action, in so far as such an event prevents or delays SearchBar in fulfilling its obligations hereunder.
21. Dispute Resolution and Arbitration
- Any issues or disputes that arise in connection with your purchase or attempted purchase of products/services from Merchants must be handled in accordance with such Merchant’s dispute resolution processes. Under no circumstances will SearchBar be responsible or liable for any disputes between you and Merchants arising in connection with your use of their services, nor will SearchBar provide assistance or intervention in connection with such disputes.
- By agreeing to these Terms of Service, you agree that you are required to resolve any claim that you may have against SearchBar on an individual basis in arbitration, as set forth in this Section (referred to herein as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against SearchBar, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SearchBar by someone else. You acknowledge and agree that you and SearchBar are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and SearchBar otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
- The arbitration will be administered by JAMS, Inc. (“JAMS’) pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”). The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/.
- These Terms of Service (including this Arbitration Agreement) shall be governed by and interpreted in accordance with the laws of the State of Florida and United States federal laws applicable therein, without regard to principles of conflicts of laws.
- Any arbitration must be commenced by filing a demand for arbitration within two years after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law provides a different limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
- Any arbitration hearing (“Hearing”) will be located at a site in Miami, Florida. The specific site will be selected by the Arbitrator, pursuant to the Rules. The Hearing may be conducted telephonically or through a video conference, upon request from either party. The Hearing will be conducted in English.
- The arbitration will be conducted in front of a single arbitrator (the “Arbitrator”), selected from the appropriate list of JAMS arbitrators pursuant to the Rules. The parties agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms of Service or the documents it incorporates by reference, including any claim that all or any part of these Terms of Service (including this Arbitration Agreement) is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Service (including the Arbitration Agreement) are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
- If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the written submissions of the parties, unless the Arbitrator determines that a Hearing is necessary. If your claim exceeds $10,000, your right to a Hearing will be determined by the Rules.
- The Arbitrator may issue an arbitration award in accordance with the Rules and any limitations of liability set out in these Terms of Service. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential effect. Attorneys’ fees and costs shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award.
- Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the Rules. However, if your claim for damages does not exceed $50,000, we will pay all such fees, unless the Arbitrator finds that the substance of your claim or the relief sought by you was frivolous or was brought for an improper purpose (determined with respect to Federal Rule of Civil Procedure 11(b)).
- Notwithstanding the provisions in these Terms of Service regarding consent to be bound by amendments to these Terms of Service, if SearchBar changes this Arbitration Agreement after the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement), you may reject any such change by providing SearchBar written notice of such rejection within thirty (30) calendar days of the date such change became effective. This written notice must be provided by email from the email address associated with your account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and SearchBar in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement).
- If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Service; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms of Service (including this Arbitration Agreement) or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- If and only if this Arbitration Agreement is found not to apply to you or your claim, you and SearchBar agree that any judicial proceeding must be brought exclusively in the state courts and federal courts located within Miami, Florida, and you and SearchBar consent to venue and exclusive jurisdiction in those courts. Any claim not subject to arbitration must be commenced within two years after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law provides for a different limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
22. Contact Information
If you have any questions or concerns about these Terms of Service, please email us at email@example.com.