Terms of Service

SEARCHEN.COM "SEARCHEN" IS MAINTAINED, EDITED, OWNED AND OPERATED BY SEARCEN NETWORKS INC., AND IS PROVIDED TO YOU UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This agreement was last updated on: December 18, 2016

ACCEPTANCE OF TERMS

SEARCHEN provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By your use of the Service, you acknowledge and accept the above Terms of Service. If you do not agree to or accept the above Terms Of Service, you must immediately exit the service.

DESCRIPTION OF SERVICE

SEARCHEN currently provides access to a collection of resources, including, information, various communications tools, shopping services, search services, and branded programming through its network of properties (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for SEARCHEN to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SEARCHEN assumes no responsibility for errors, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

All information submitted for publication on this site is the opinion of the submitter and not necessarily the opinion of the site itself. By submitting or posting content on any area of the SEARCHEN website you automatically grant as well as represent and warrant that you have the right to grant to SEARCHEN an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content. SEARCHEN has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

You acknowledge that SEARCHEN may or may not pre-screen content, but that SEARCHEN and its designee shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, SEARCHEN and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by SEARCHEN or submitted to SEARCHEN including without limitation information on SEARCHEN message boards, and in all other parts of the Service.

WEBSITE LISTING SUBMISSION

Listings added to the SEARCHEN directory should be quality listings that add original content and value to the directory. Businesses and websites which have one or more of the following criteria should not be submitted:

      - Any business selling or otherwise distributing information on illegal firearms, explosives, or weapons.
      - Any business selling or otherwise distributing information or items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain pornography, that are otherwise pornographic in nature.
      - Any business selling or otherwise distributing information for items that are counterfeit or stolen.
      - Any business selling or otherwise distributing goods or services that do not, in fact, exist.
      - Any business selling or otherwise distributing items that violate or infringe the rights of other parties.
      - Any business selling or otherwise distributing items they do not have the legal right to sell.
      - Any business websites that contains hidden text, redirects, cloaks, or anything else that may classify as web spam.

WEBSITE LISTING ACCEPTABILITY

  • Listing title should be accurate, and factual. Some titles will need abbreviations in order to fit in the allotted space. We suggest using your actual business name and not some made up keyword driven name. For example, using fictional business names like “AAA Plumber Company” only to attempt to appear higher on the page, in first position, or above other listings (in most cases) will not be acceptable.
  • Use your official business address registered with your county or state. If you choose not to have your address listed, you can leave it blank or include a note that you wish for it to be unlisted. Do not submit a fictional address for the purpose of appearing to service a particular area which, in reality, you do not service.

LISTING EDITORIAL DISCRETION

SEARCHEN EDITORS, IN THEIR SOLE AND FINAL JUDGMENT, SHALL DETERMINE THE SUITABILITY, PLACEMENT, TITLE AND DESCRIPTION OF ALL LISTINGS AND WEB SITES LISTED IN THE DIRECTORY. DIRECTORY SUBMISSION AND/OR PAYMENT DOES NOT NECESSARILY ENSURE THAT YOUR LISTING WILL BE ACCEPTED FOR INCLUSION IN THE DIRECTORY OR THAT IT WILL RECEIVE THE SITE PLACEMENT OR DESCRIPTION THAT YOU REQUEST. SEARCHEN RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO LIST, MODIFY, CHANGE, MOVE, UPDATE, OR PERMANENTLY REMOVE ANY SITE OR LISTING FOR ANY REASON AS DEEMED NECESSARY.

NOTHING IN THIS AGREEMENT OBLIGATES SEARCHEN TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR LISTING ANYWHERE ON SEARCHEN.COM OR IN THE DIRECTORY. DETERMINATION FOR ALL LISTINGS IS MADE BY SEARCHEN EDITORS. IN ADDITION, IF YOUR LISTING IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES SEARCHEN TO KEEP OR PLACE YOUR LISTING WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE, UNLESS OTHERWISE AGREED IN WRITING.

INDEMNITY

You agree to indemnify and hold SEARCHEN and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit or make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of service, or your violation of any rights of another.

PARENTAL CONTROL PROTECTIONS

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist customers and parents in limiting access to material that may be harmful to minors.

In compliance with the Child Online Protection Act, the following is a choice of vendors who provide software that limits access to materials that may be harmful to minors: Cyber Sitter – http://www.solidoak.com, Net Nanny – http://www.netnanny.com

While SEARCHEN does not, in any way, endorse the above referenced vendors or the services that they provide, SEARCHEN would like to inform its users of the availability of such software.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your username and password), use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

SEARCHEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SEARCHEN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SEARCHEN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SEARCHEN has no control over such sites and resources, you acknowledge and agree that SEARCHEN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SEARCHEN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SEARCHEN or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. SEARCHEN grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SEARCHEN for use in accessing the Service.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that: your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. SEARCHEN expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SEARCHEN makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from SEARCHEN or through or from the service shall create any warranty not expressly stated in the TOS. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

LIMITATION OF LIABILITY

You expressly understand and agree that SEARCHEN shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SEARCHEN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

TRADEMARK INFORMATION

SEARCHEN, SEARCHEN NETWORKS, SERIOUS ABOUT SEARCH, the official SEARCHEN logo, SEARCHEN service marks and other SEARCHEN logos and product and service names are marks of SEARCHEN NETWORKS ("SEARCHEN"). Without SEARCHEN's prior permission, you agree not to display or use in any manner, the SEARCHEN Marks. Trademark Registration(s) Number: 4028180, 4447240, 4320562

GOVERNING LAW

Any claim relating to SEARCHEN's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

INFORMATION DISCLAIMER

Information provided on this website is intended to allow the public immediate access to public information. While all attempts are made to provide accurate, current, and reliable information, SEARCHEN recognizes the possibility of human and/or mechanical error. Therefore, SEARCHEN, its employees, officers and agents make no representations as to the accuracy, completeness, timeliness, or suitability of the information provided by this website, and deny any express or implied warranty as to the same.

By your use of the Service, you acknowledge and accept the above Terms of Service. If you do not agree to or accept the above Terms Of Service, you must immediately exit the service.