IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH SECRET LOOKUP THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 14.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT DOWNLOAD OR ACCESS THE SL ServiceS. Secret Lookup's Privacy Policy is hereby incorporated into this Terms of Service by reference.
A. Toolbar and Search Application Services. The SL Services offer a number of features that may allow you to enter and perform Internet searches (“Search Applications”), reset your Internet browser's default homepage and/or new tab page, customize widgets, and much more. To use such SL Services you may be required you to install such services into your Internet browser.
B. SL Search Services (Powered by Ask.com or Dnav.com). The Search Applications provide features to facilitate Internet search and communication services, including through the Dnav search portal and email services. This search functionality may be implemented through browser settings and “extensions” that set or default your browser homepage, start page, new tab page and/or default search setting(s), depending on which SL Service you are using and what options you select. If you do not wish to reset your setting(s) in this way, you can decline or opt-out of the setting(s) change by unchecking the appropriate checkbox during the download and installation process for the relevant SL Product that provides access to the SL Services. Certain SL Products, such as Chrome new tab products, may be available through the online store operated by the browser developer (e.g., the Chrome web store) and the user disclosures and options may vary based on the store’s requirements. The search features, as well as other non-search-related features, may be customized by you. In addition, you can disable or remove the default these search features by removing or disabling the applicable files you downloaded from the SL Services, depending on your browser, browser version, and tools and features provided in your respective browser. In some SL Services the Search Applications are provided by Ask under the Ask brand in which case the relevant Ask Privacy Policy and Terms and Conditions apply.
D. Applicable Privacy Policy and Terms of Service. Certain SL Services may be subject to different privacy policies and/or terms of service as indicated on the sites from where those services are available and/or accessed.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Secret Lookup and you agree that Secret Lookup and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the SL Services (for example, relating to any person’s access to or use of the SL Services, or the provision of content, products, services, or technology on or through the SL Services, or the handling of information collected on the SL Services), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Secret Lookup and you further agree that Secret Lookup and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the SL Services (for example, relating to any person’s access to or use of the SL Services, or the provision of content, products, services, or technology on or through the Service, or the handling of information collected on the SL Services).
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Miami, FL.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Secret Lookup, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability) or the SL Services (for example, relating to any person’s access to or use of the SL Services, or the provision of content, products, services, or technology on or through the SL Services, or the handling of information collected on the SL Services).
ADDENDUM A: SUPPLEMENTAL TERMS PERTAINING TO
DNAV SERVICES (THE “SUPPLEMENTAL TERMS”)
Without limiting any of the restrictions, limitations, or rights we have reserved that are set forth in the Terms of Service, the following terms also apply, if you use services provided through the
www.dnav.com platform, including email services, and access to “Dnav”-branded or provided forums and communities (the “Dnav Services,” as defined in the above Terms of Service).
1. Compliance With Terms of Service and these Supplemental Terms. If you fail to comply with the Terms of Service of these Supplemental Terms at any time, we reserve the right to terminate your access to all or some of the Dnav Services, which may include disabling your Dnav email account. We may discontinue or alter any aspect of the Dnav Services, including, but not limited to, (i) restricting the time the Dnav Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Dnav Services, at our sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Dnav Services. You are also responsible for obtaining or providing all access lines, including DSL, cable, or other network services or devices necessary to access the Dnav Services.
2. Registration. In order to use certain of the Dnav Services, such as email-related services, you must provide certain registration information. You agree that Dnav user names are our property, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an Dnav user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you unless it is your purpose to do so.
If you elect to register to use the Dnav Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Dnav registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such is the case, we may suspend or terminate your account and refuse any and all current or future use of the Dnav website and/or Dnav Services (or any portion thereof).
In addition to any other Registration Data we may require, to register with Dnav you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the Dnav Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Dnav Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Dnav Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
3. Dnav's Privacy Policy. Pursuant to our Privacy Policy, we may disclose to certain third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures as described in the Privacy Policy. Please note: opting out may restrict your ability to utilize certain of the Dnav Services.
4. Access to Your Emails. As further set forth in our Privacy Policy, we may monitor, edit, or disclose the contents of user or member e-mails in the course of normal maintenance of the Dnav Services and its systems, or as otherwise set forth in our Privacy Policy. Further, in order to permit us to protect the quality of its products and services, you hereby consent to our employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
5. Forums; Email Service. Through Dnav-branded products and services, we may offer users access to Forums, and may also provide registered users with access to email services. A "Forum" refers to a bulletin board, virtual community or other means for users to engage in public commentary or discussion. Forums and e-mail services are offered for personal, non-commercial use only. You agree to not, without our express written approval, distribute or otherwise publish via any of the Dnav Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all Dnav Services, your privilege to use Dnav email and participate in the Forums is dependent on your continued compliance with the Terms of Service and Supplemental Terms, specifically including the Community Standards and Conduct listed below. We may revoke your privileges, terminate your registration/account or take any other measures deemed by us to be appropriate, in our sole discretion, to enforce the Terms of Service and Supplemental Terms if violations are brought to our attention.
In addition to any other rights or remedies available to it, Dnav reserves the right to immediately suspend, terminate, access and investigate the email or user account of any user upon receipt of a subpoena or law enforcement request, or when Dnav believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages, or with any fraudulent, misleading, harmful or illegal activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of $5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay our actual damages, including any associated attorney’s fees, to the extent such actual damages can be reasonably calculated.
You should consider all Forum communications to be public and not private communications. Although we reserve the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
We reserve the right to monitor some, all, or no areas of the Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute content, we act as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any content or activities in any Forum or email.
6. Submissions. If, on your own or at our request, you submit content (e.g., postings to Forums, responses to surveys, etc.), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant us, and our corporate affiliates, a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. You represent and warrant that you own the contents of any Submission or otherwise have sufficient rights in the Submission to grant to us the license set forth above.
7. Dnav Email Storage and Delivery; Termination of Inactive Accounts. If you obtain email services as part of the Dnav Services, the amount of email storage space per member may be limited. Email accounts may be archived at such time intervals as we or our third party service provider(s) determine in their sole discretion. Some Email messages may not be processed due to space constraints, outbound message limitations or disruptions in the system(s). You agree that we are not responsible or liable for the deletion or failure to store messages or other information.
Email accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an email account, messages (whether sent, received, in draft form or archived) and address book entries will no longer be accessible.
8. Additional Disclaimers Applicable to the Dnav Services. In addition to the Disclaimers of Warranties set forth in the Terms of Service, Please Note the below disclaimers applicable to the Dnav Services:
a. Disclaimers Regarding External sites and content. We may make available significant amounts of third party content, including links to other websites, articles, forums, ads and offers, and other multi-media content. We do not control these sites and resources, nor do we investigate or endorse the content made available through the Dnav Services. External web sites and resources are not subject to these Terms of Service, or our Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because we have no control over such sites and resources, you acknowledge and agree that neither we nor our affiliated companies are responsible for the practices or content of such external sites or resources, including without limitation any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that you will not hold us responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, exposure to, or reliance on (including on the availability, veracity, or legality of) any content, goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk.
b. Disclaimer: No Service-Level Commitments. There are no service-level commitments made with regard to the Dnav Services. Without limitation, we make no warranty that the Dnav Services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Dnav Services will be accurate or reliable, or that the quality of any products, services, information or other material obtained through the Dnav Services will meet your expectations.
c. Disclaimer: No Warranty As to Downloaded Materials. Any material you download or otherwise obtain through the use of the Dnav Services is downloaded or obtained at your sole risk and you will be solely responsible, assume all risk, as to any damage to your computer system or loss of data that results from the download of any such material.
d. Disclaimer: No Warranty As to Advice or Information. No advice or information obtained by you from Dnav Personnel, or through the Dnav Services, including any content posted or linked to, shall create any representation, warranty or guaranty not expressly provided for in these Terms of Service.
e. Disclaimer Regarding Financial Information. The Dnav Services may allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Dnav Services, including all such financial information, are provided for informational purposes only, and no information you may obtain is intended by us to be used for trading or investing purposes. We shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Dnav Services, and shall not be liable for any trading or investment decisions made based on such information. Content posted on or through this website is not a substitute for the advice of a financial adviser or other professional, and should not be relied on as such.
f. Disclaimer Regarding Shopping Retailers.
The Dnav Services may provide shopping services to help you locate and potentially purchase products from online and offline retailers. We do not control these independent retailers, nor do we provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When using or accessing the Dnav Services, you acknowledge and agree that:
We do not endorse any of the products or services linked to, from or through the Dnav Services, nor have we taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through us or through their own Web sites. We expressly disclaim any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
9. Dnav Community Standards. In addition to the Community Standards and Conduct set forth in the Terms of Service, above, if you use or access the Dnav Services, you agree not to use the Dnav Services (including, without limitation, the email service and the Forums) to:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm or provide inappropriate content to minors;
- impersonate any person or entity, including, but not limited to a Secret Lookup or Dnav employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Dnav Services;
- solicit other users of the Dnav Services to join or become members of any online or other service;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Dnav Services or a Dnav Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Dnav Services or servers or networks connected to the Dnav Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Dnav Services;
- "stalk" or otherwise harass another member or user of the Dnav Services; or
- collect or store personal data about other users, or members.
END OF DOCUMENT.
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