Terms of Service


The parties agree as follows:

CONTENT PROVIDED TO Customer

Company will provide to Customer search  results  ("Content")  generated  by
Company's proprietary search engine. Content includes  all  pages  generated
by Company's search engine upon standard  processing  of  a  query  and  all
pages previously archived by Company's search engine which may be  displayed
to an end user.

Company is not responsible for the data and  information  contained  in  the
Content.

Customer will not cache, copy, compile or otherwise store  the  Content  for
redistribution, and will not permit End Users to  cache,  copy,  compile  or
otherwise store the  Content  for  redistribution.   For  purposes  of  this
Agreement, an "End User" is a user identifiable by a unique  IP  address  or
by a unique registration ID with Customer.  Notwithstanding  the  foregoing,
the customer may distribute search results to its affiliates.  However,  all
queries received from said affiliates must be forwarded to Gigablast.

Company will not provide Customer with more than 10 results per  Search.  To
receive more than 10  results  for  a  Search,  multiple  Searches  will  be
required or Customer will pay the additional amounts as described below.

Customer may rebrand,  rerank or add information to the search results as it
sees fit.

PRICING

Company may change any and all prices at anytime without notice.

All deposits are non-refundable.


CONTENT OWNERSHIP AND LICENSE; QUERIES

Company will retain all right, title and interest  in  and  to  the  Content
worldwide (including, but not limited to, ownership of  all  copyrights  and
other intellectual property  rights  therein).  Subject  to  the  terms  and
conditions of this Agreement, Company  hereby  grants  to  Customer  a  non-
exclusive, worldwide license to  transmit  the  Content  derived  from  each
search to a single End User in accordance with this Agreement.

The parties will jointly own all queries entered by End Users  and  will  be
able to use such queries without accounting to the other.   Each party  will
own any compilations of queries it creates, and  will  not  be  required  to
share such compilations with the other.

TRADEMARK OWNERSHIP AND LICENSE

Company will retain all right, title and interest in and to its  trademarks,
service marks and trade names worldwide, including any  goodwill  associated
therewith, subject to the limited license  granted  to  Customer  hereunder.
Any use of any such trademarks by Customer shall inure  to  the  benefit  of
Company and  Customer  shall  take  no  action  that  is  inconsistent  with
Company's ownership thereof.

Company hereby grants to Customer a non-exclusive, limited  license  to  use
its trademarks, service marks or trade names only as specifically  described
in this Agreement. All such  use  shall  be  in  accordance  with  Company's
reasonable  policies  regarding   advertising   and   trademark   usage   as
established from time to time.


As the parties may agree in writing; or

To the extent permitted by applicable law.


LIMITATION OF LIABILITY


THE LIABILITY OF COMPANY FOR DAMAGES OR ALLEGED DAMAGES  HEREUNDER,  WHETHER
IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED  TO,  AND  WILL  NOT
EXCEED $0.00.

DISPUTE RESOLUTION

In the event that disputes between the parties arising  from  or  concerning
in any manner the subject matter of  this  Agreement,  other  than  disputes
arising from or concerning trademarks, service marks or trade  names  and/or
confidentiality, cannot be resolved through good  faith  negotiation  within
30 days after notice of dispute is provided to the other party, the  parties
will refer the  dispute(s)  to  the  American  Arbitration  Association  for
resolution through binding arbitration by a single  arbitrator  pursuant  to
the  American  Arbitration  Association's  rules  applicable  to  commercial
disputes. The arbitration will be held in the United States  District  Court
of New Mexico

GENERAL

Governing  Law.  This  Agreement  will  be  governed  by  and  construed  in
accordance with the laws of the State of New Mexico.

No Agency. The parties are independent contractors and will  have  no  power
or authority to assume or create any obligation or responsibility on  behalf
of each other. This Agreement will not be construed to create or  imply  any
partnership, agency or joint venture.

Severability. In the event that any of the provisions of this Agreement  are
held to be unenforceable by a court or arbitrator,  the  remaining  portions
of the Agreement will remain in full force and effect.

Entire Agreement. This Agreement is the  complete  and  exclusive  agreement
between the parties with respect to the subject matter  hereof,  superseding
any prior agreements and communications (both written  and  oral)  regarding
such subject matter. This Agreement may only  be  modified,  or  any  rights
under it waived, by a written document executed by both parties.

[last update: Apr 4 2019]

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