Last Updated: April 07 2016
These Terms of Service (the “Terms”) constitute a legally binding agreement between PepperBottle, Inc., DBA SearchAdvisor (“PepperBottle”) and you (“You”) governing your use of SearchAdvisor.org (the “Site”).
Internet technology, and the applicable laws, rules and regulations change frequently. PepperBottle reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service that may be posted on the Site.
1. Prohibited Conduct
In your use of the Site, you may not:
3. Idea Submissions
Non-Proprietary: PepperBottle considers any suggestions, ideas, proposals or other material submitted to it, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and non-proprietary. PepperBottle shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant PepperBottle, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
4. Customer Support
PepperBottle is available by email at [email protected] to address any issues you may have regarding your use of the Site. Most concerns can be quickly resolved in this manner.
5. PepperBottle‘s Intellectual Property
Copyright: The Site and its logos, design, text, graphics, software and other files, and the selection, arrangement and organization thereof, are owned by Pepper Bottle, Inc. You may not use such materials without permission. © 2016 Pepper Bottle, Inc. ALL RIGHTS RESERVED
Trademarks: The Site and its logos, words, symbols, phrases, and the arrangement and presentation thereof, are trademarks and trade dress owned by Pepper Bottle, Inc. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Pepper Bottle, Inc.
Ownership and Use: Nothing in these Terms of Service or your use of the Site gives you a right or license to use any of the Site’s patents, copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
6. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEPPERBOTTLE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEPPERBOTTLE DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, PEPPERBOTTLE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.
PEPPERBOTTLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PEPPERBOTTLE SERVICES. PEPPERBOTTLE DOES NOT CONTROL ANY THIRD PARTY CONTENT, LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEPPERBOTTLE MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEPPERBOTTLE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR ITS SERVICES, EVEN IF PEPPERBOTTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Terms of Service may only be modified in a writing confirmed by authorized representatives of the parties.
9. No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by your use of the Site or the acceptance of these Terms.
10. Governing Law
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Riverside, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
11. No Waiver
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
13. Force Majeure
PepperBottle will not be liable or responsible for any delays in service, for failing to provide its services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service or the PepperBottle Service Agreement will be in writing and delivered to: PepperBottle, Inc. 848 N. Rainbow Blvd. #5240 Las Vegas, NV 89107. All notices by PepperBottle will be sent to you by email or will be conspicuously posted on the Site.
15. Complaints – California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
16. Entire Agreement
These Terms of Service comprise the entire agreement between you and PepperBottle and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.