Members Terms and Conditions
This agreement ("Agreement") describes the terms and conditions applicable to your use of the SearchForecast.com website and e-mail newsletter(s) service (the "Site"). By using the Site you ("You"), accept these terms and conditions and agree to be bound by them (the "Agreement"). We may amend this Agreement at any time by posting the amended terms on the Site, and all amendments shall supercede this Agreement and be effective regarding your use of the Site immediately upon posting.
The Service. The Site provides both free and password-protected member areas of Internet search engine intelligence, related e-mail newsletters, briefing notes, flash demonstrations and podcasts or audio recordings.
Payment. If you elect to become a member of the Site, you agree that you are authorized to sign up for such membership and agree to the terms of service.
Disclaimer of Warranty/Limitation of Liability/Indemnity. However,
the Site and SearchForecast do not warrant or guarantee the accuracy of
the information, completeness of the information, or that the information
is error-free. SearchForecast advises that all users of the Site, and
buyers of reports or memberships, verify the contents and source of the
information before making any decisions or otherwise relying on any information.
USE OF THE SITE IS FURNISHED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. SearchForecast
SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Each user of the Site shall be personally responsible for his/her activities. In using the Site, You agree to release the Site, SearchForecast and its agents and employees from any, and all, claims, demands and damages (actual, special and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such use of the Site. Furthermore, in using the Site, You agree to defend, indemnify and hold the Site and SearchForecast harmless from and against any and all liabilities, losses, damages, costs and expenses including reasonable attorneys fees and court costs associated with any claim or action brought against the Site, or SearchForecast, as a result of, or arising from, your use of the Site or your breach of this Agreement.
General. This Agreement will be deemed to have been executed and delivered in the State of California, USA and any action or proceeding in connection with this Agreement, including, without limitation, its validity, must be brought in the courts of the State of California, USA. SearchForecast may assign this agreement freely. Please also review other policies posted on this Site including the SearchForecast Legal Notice and Privacy Policy, which further govern your use of the Site. This Agreement sets forth the entire understanding and agreement between the parties with respect to the Site and the subject matter hereof.
Release and Indemnity. You agree to waive any and all claims that you now have or may have in the future against SearchForecast and SearchForecast affiliates and associates which relate to or are incidental to any transaction.
You agree to indemnify and hold SearchForecast harmless from and against any and all claims, loss or expense that may be incurred by SearchForecast or SearchForecast affiliates and or associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold SearchForecast and SearchForecast affiliates and or associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.