EULA

This End User License Agreement ("EULA") applies to the Search Assistant™ browser extension ("Program"), which is built and maintained by Searchme™, a business name of a Nevada (USA) Corporation ("Searchme," "we," "our," or "us," whether in uppercase, lowercase, or a combination). Among other things the Program allows you a convenient way to help find search results online by collecting your requests for information and processing them through our search engine partners. Some of the programs and extensions You download and install are provided by third party business partners of Searchme. Our partners may compensate us for making information available to you and in connection with Your use of their programs and extensions. Use of the Program is free of charge to you. Use of the Program and its features as described below requires that you agree to the following EULA. You agree to be legally bound by this EULA by clicking the "I Agree," "Next", "Run", "Install", "Yes", "Add & Start Download" or "Add extension" button provided. This EULA is a legal contract between Us and You, an individual user of at least 18 years of age, or if You are using the Program on behalf of any entity -- including a company, organization, association, or trust, no matter the legal form of the entity -- ("entity"), then You represent and warrant that You are an authorized representative of that entity with the authority to bind such entity to the EULA, and You and the entity agree to be bound by the EULA on behalf of such entity ("You," "User," or, collectively, "users," whether in uppercase, lowercase, or a combination).

If You are under the age of 18 Your parent or legal guardian must enter into this agreement, each amendment, on Your behalf. If You are under the age of 18 You affirm that by Your continued or future use of any Program Your parent or legal guardian has first agreed to the EULA, including each amendment, on Your behalf.

If You do not agree to or with any and each and every of the terms or conditions in this EULA, do not install or use the Program. Your use of the Program is deemed to be Your agreement to abide and be bound by each of the terms and conditions set forth herein, and each amendment as and when made and effective. You acknowledge that You have read and understood, and agree to be bound by, the EULA.

ARBITRATION AND CLASS ACTION AND JURY WAIVER NOTICE SUMMARY: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED MORE FULLY BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, CONSOLIDATION, COURT PROCEEDING, OR JURY TRIAL.

MODIFICATION NOTICE SUMMARY : WE HAVE THE RIGHT TO MODIFY THE EULA, EFFECTIVE IMMEDIATELY, AT ANY TIME AND WITHOUT NOTICE. (Section 2 has more detail.)IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING AND YOU WILL UNINSTALLTHE PROGRAM, OTHERWISE YOU WILL BE CONCLUSIVELY DEEMED TO HAVE AGREED TO AND ACCEPTED THE MODIFICATION(S).

1. ELIGIBILITY

Program is not available to persons under the age of 13. By downloading, installing, accessing, or otherwise using the Program You represent that You are at least 13 years of age.

2. MODIFICATION OF TERMS

We may make changes, modifications, and amendments to the EULA at any time. Because of the rapidly evolving nature of the Internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, We may change, update, amend, and modify the EULA from time to time. The latest Terms may be posted or be available through a notice accessible from a link within the new tab page set by the Program (with the Yahoo! Search box) opened when the Search Assistant extension is enabled, and may also from a link from where You manage browser extensions (including when you left or right click the icon for the extension (Program) (which may be displayed in your browser bar), at this URL: http://www.searchassistant.co/eula.html, or in some other reasonable manner so You may always make yourself aware or be aware of what has changed. You agree that You should always review them prior to using the Program so that You may always be aware of what has changed, if anything. If any modification is unacceptable to You, You will cease using and uninstall the Program right away. If You do not cease using and uninstall the Program You will be conclusively deemed to have accepted the change(s) and amendments. Except as stated elsewhere, all amended Terms will automatically be effective as soon as they are initially posted by Us, except if We state in writing that We are giving advance notice of any amended term to be effective on a date in the future. Please check this EULA and any guidelines periodically for changes. Except as posted by Us the EULA will not be otherwise amended, and no terms will be waived by Us, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of Ours (who must be a VP of above) who intends to amend the EULA or waive any breach. For purposes of this EULA and this provision a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.

We are not obligated to provide notice of amendment to the EULA by way of any method other than the making available or posting of the amended Terms as stated herein, or any Searchme Platform (any means of accessing the foregoing website, the EULA, or the Program, including mobile devices, smartphones, tablets, apps, readers, tangible content medium (including a DVD, flash drive, or other storage medium), third party social networks, or other devices), and doing so without more is deemed and agreed to be sufficient notice of amendment(s). We may note on the EULA what the effective date of that version of the EULA is, and You agree that You will keep track Yourself of the effective dates of various versions of the EULA, and that We are not required to point out to You changes from version to version of the EULA. You may copy and paste each version of the EULA into a document for your own personal retention, and You may use any variety of tools to "compare" various versions of the EULA (and Privacy Policy).

3. NOTICES

We may provide You with notices, including those regarding changes to the EULA, by email (if you provide us with your email address) or postings on, or through a link within the new tab page set by the Program (with the Yahoo! Search box) opened when the Search Assistant extension is enabled, and may also from a link from where You manage browser extensions (including when you left or right click the icon for the extension (Program) (which may be displayed in your browser bar), at this URL: http://www.searchassistant.co/eula.html, or any Searchme Platform or in some other reasonable manner. If we give notice by email then notice will be deemed given twenty-four hours after the email is sent, unless We are notified that the email address is invalid, and we acknowledge such notice. Alternatively, we may, though we are not required to, give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. You agree that notice posted as set out herein is deemed given upon the initial posting, even if there is also notice given in any other way.

When You install or use the Program or visit any of our Platforms or send Us e-mails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We may communicate with You by e-mail, or by posting notices as set out herein. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

4. RIGHTS YOU GRANT TO SEARCHME

By installing the Program on your computer, you expressly authorize and request Searchme to:

a) act as your search agent to conduct inquiries on your behalf using Searchme's search engine and technologies and partners' sites, and collect relevant information and display it to you;

b) take actions Searchme deems appropriate to provide the Program to you and to act on your behalf in obtaining information from partners and displaying that to you;

c) read and interpret your search requests and results on certain sites and use this information to conduct searches on your behalf, offer alternative results and to personalize the Program for you;

d) collect and use information in accordance with this EULA and Our Privacy Policy, which Privacy Policy may be amended from time to time (and we point out that we may respond to or comply with subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, including by providing "documents" and information, including that which might identify You, and where We believe it is necessary to share information in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, situations involving potential threats to the physical safety of any person, violations of our Terms, or as may otherwise be required by law or regulation) (and You are further referred to Section 9, including with regard to the privacy policies of Our Program affiliates and business partners) (our Privacy Policy is also available on, or through a link within the new tab page set by the Program (with the Yahoo! Search box) opened when the Search Assistant extension is enabled, and may also from a link from where You manage browser extensions (including when you left or right click the icon for the extension (Program) (which may be displayed in your browser bar), at this URL: http://www.searchassistant.co/privacy_policy.html , or any Searchme Platform or in some other reasonable manner);

e) start the Program automatically when you start Google Chrome, and to appear as extensions/add-ons/plug-ins in your Google Chrome browser. You may change how the Program starts and appears using the respective browser options;

f) modify your Google Chrome browser settings for the default search engine, address bar search, and new tab page to facilitate more informative responses as determined by the Program;

g) communicate with our servers or those of Google Chrome from time to time to check for available software upgrades, updates including bug fixes, patches, enhanced functions and new versions (collectively, "Updates"). By installing the Program, you agree to automatically request and receive Updates; and,

h) SmartResults sends data to Searchme’s servers as set out herein and in our Privacy Policy. Further, some extensions or programs that You install with the Program may have been be developed and operated one or more third party business partners of Ours. We assign a unique channel id to each such partner so that we may report to them data about your installation, use, and un-installation of any extension or program You installed with the Program.

5. Limitations on Your Use.

a) Personal Use. You agree to use the Program (as well as any information provided or made available by or through the Program) only for your (or your entity’s) own personal purposes and not for the benefit of any third party or for purposes of competing with Searchme in any way.

b) No Scraping or Derivative Uses. Without limitation, you will not provide or make available any such information to others and you will not scrape, compile, combine or organize (or take any action similar to the foregoing, automatically or manually, with respect to) any such information. You agree not to modify, copy, publish, license, create derivative works from or sell the Program or rent, lease, transfer or otherwise transfer rights to the Program (this also applies to information available from or through the Program).

c) Legal Uses. You agree not to use the Program in a manner prohibited by law or in violation of any contractual provision by which you are bound.

d) Interference. You agree not to use the Program in a manner that could overburden or restrict the Program's functions, or in any manner that could interfere with any other user's ability to use the Program.

6. Intellectual Property .

Searchme™ and Search Assistant™ are trademarks of Searchme. Other trademarks, names, and logos on or within the Program or a Searchme site or other Platform are the property of their respective owners. The trademarks, logos, and service marks displayed on or within the Program or a Searchme site or other Platform (collectively the "Trademarks") are the registered and unregistered trademarks of Searchme, its licensors, suppliers, and others. The Trademarks owned by Searchme, whether registered or unregistered, may not be used in connection with any product or service that is not Searchme's in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages Searchme or blurs, tarnishes, or dilutes the Trademarks or Searchme. Nothing contained on or within the Program or a Searchme site or other Platform, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of Searchme, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Searchme may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You acknowledge that Searchme and its partners and affiliates own all rights, title and interest in the Program, and services provided through or in conjunction with the Program, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Program or any Platform. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Program or any Platform.

7. DISCLAIMERS.

a) Although the Program displays the search results, products or services persons, businesses, merchant’s or other entities (collectively "Entities"), such display in no way implies, suggests, or constitutes any sponsorship or approval of or by us of such Entities or their respective products or services, or they of us or ours. Searchme will have no liability for the actions or inactions of Entities or your use of their products or services. In any case, your use of the Program, and your use of any Entities’ products and/or services are at your own risk.

b) Searchme provides its services and the Program "AS IS" and "as available" and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Searchme will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by Searchme. Searchme makes no representation or warranty that the operation of Searchme's site, or other Platform, or the Program, will be uninterrupted or error-free, and Searchme will not be liable for the consequences of any interruptions or errors. No advice, information, or other communication from Searchme, whether oral or written, shall create any warranty not expressly stated in the EULA.

c) Some or all of our Program business affiliates or partners (including those associated with the new default home page, 404/DNS pages, new tab page, and/or search engines) may have their own terms and conditions, terms of use, or end user license agreements, and privacy policies, and You agree with and to those in connection with those Program and business affiliates or partners, however, in relation to Us only if there is any conflict between this EULA which would give You greater rights the provisions of this EULA will govern.

8. THIRD PARTY SITES / SERVICE PROVIDERS / VENDORS

8.1 Links to Third Party Sites, Programs

Links within or accessed from any Searchme Platform or the Program (again, including those associated with the new default home page, new tab/404/DNS pages, address bar, and/or search engines) may link to other sites or platforms ("Reference Sites / Programs" in the singular or plural). We are not responsible for such linked Reference Sites / Programs, including, without limitation, the content or links displayed on such Reference Sites / Programs. You agree that We have no liability and are not responsible at all for anything on or linked from or occurring as a result of Your visiting any Reference Sites, Program. You understand that anything on or linked from any Reference Sites, Program does not represent the positions, opinions, etc. of Searchme and Searchme does not endorse or affirmatively support anything on or linked from any Reference Sites, Program. Access and use of Reference Sites / Programs, including the information, materials, products, and services on or available through Reference Sites / Programs is solely at Your own risk.

8.2 Third Party Service Providers / Vendors

If We mention or link to any third party service provider or vendor, You agree that We are not responsible for even the most trusted third party service providers / vendors; We encourage You to determine for Yourself whether any such third party service providers / vendors are right for You and Your particular needs. Searchme is mentioning or providing links to third party service provider or vendors as a convenience or for business purposes, and even if Searchme is remunerated in some fashion, Searchme is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by third party service providers or vendors. You agree that Searchme assumes and has no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any third party service provider or vendor sites or program or Your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site or program does not represent the positions, opinions, etc. of Searchme and Searchme does not endorse or affirmatively support anything on or linked from any third party service provider or vendor sites or program. Access and use of third party service provider or vendor sites or programs, including the information, materials, products, and services on or available through third party service provider or vendor sites or programs is solely at Your own risk.

9. PRIVACY POLICY

Your use of the Program is governed by Our privacy policy (the "Privacy Policy"), which is available as set out herein. You agree that you have or will read the Privacy Policy carefully before installing or using the Program for information relating to collection, use, and disclosure of Your personal and anonymous information. Notwithstanding anything to the contrary in the Privacy Policy, We, Our affiliates, or agents, may contact You, including by telephone or email (if you provide us with such information), including after this Agreement (the EULA) expires or is terminated, and Your agreement to the EULA constitutes Your request that We contact and communicate with You, including by traditional mail, private courier, telephone (land and mobile), email, texts, through social media including (but not limited to) Facebook, Twitter, Google+, YouTube, Vimeo, and various blogs.

We may report to law enforcement authorities any actions that We believe may be illegal, and any reports We receive of such conduct. When we believe we are legally required to do so or at Our discretion, We may cooperate with law enforcement agencies, regulators, or parties to a civil action in any investigation or requests for information, including of alleged illegal activity related to Us or the Program or on the Internet, and may disclose information that We have about You.

Some or all of our Program business affiliates or partners may have their own privacy policies, and You agree with and to those in connection with those Program and business affiliates or partners, however, in relation to Us only if there is any conflict between Our Privacy Policy which would give You greater rights the provisions of this EULA and Our Privacy Policy will govern.

10. ADDITIONAL DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL

YOUR USE OF ANY SEARCHME SITE, PLATFORM, PROGRAM, EXTENSION, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. SEARCHME IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY SITE, PLATFORM, EXTENSION, PROGRAM OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY SITE, PLATFORM, PROGRAM, EXTENSION, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE EXTENSION, SITE, PROGRAM, OR SERVICES, OR FOR ANY LACK OF ACCESS TO ANY SITE, PROGRAM, PLATFORM, EXTENSION, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). SEARCHME HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY SITE, PLATFORM, PROGRAM, EXTENSION, OR SERVICE, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY US OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).

SEARCHME, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY EXTENSION, SITE, PROGRAM, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY EXTENSION, SITE, PROGRAM, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH EXTENSION, SITE,PLATFORM, PROGRAM, OR SERVICE, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH EXTENSION, SITE, PROGRAM, PLATFORM, OR SERVICE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL SEARCHME, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, PROGRAM, ANY EXTENSIONS, SITES, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF SEARCHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SEARCHME DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER [ALTHOUGH WE TRY TO PROTECT AGAINST THAT].

REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY SEARCHME CONCERNING ACTIONS SEARCHME MAY OR WILL TAKE, OR MAY NOT OR WILL NOT TAKE, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY.

11. LIMITATION OF LIABILITY AND DAMAGES

11.1 LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY EXTENSION, PROGRAMS, SERVICES, SITES, PLATFORM, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF PROGRAM, ANY EXTENSIONS, SITES, PROGRAM, PLATFORM, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY PROGRAM, ANY EXTENSION, SITE, PLATFORM, SERVICE, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY EXTENSION, SITE, PROGRAM, PLATFORM, SERVICE, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE MAY INTERRUPT ANY EXTENSION, SITE, PROGRAM, PLATFORM, OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF WE KNOWSOR HAVE BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PROGRAM, PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITE / PROGRAM OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON ANY EXTENSION, SITE, PROGRAM, PLATFORM, SERVICE, OR RECEIVED THROUGH ANY REFERENCE SITE / PROGRAM.

THIS EULA DOES NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR US THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THIS EULA. THIS EULA DOES NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, AND SUCH RIGHTS ARE EXPRESSLY DISCLAIMED, EXCEPT WITH REGARD TO SEARCHME PARTNERS OR BUSINESS AFFILIATES.

11.2 LIMITATION OF DAMAGES

IN NO EVENT WILL SEARCHME OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', ATTORNEYS', OR THIRD-PARTY PARTNERS', LICENSORS', OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA, OR YOUR USE OF ANY EXTENSION, SITE, PROGRAM, PLATFORM, SERVICE, OR REFERENCE SITE / PROGRAM , OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING ANY EXTENSION, PROGRAM, SITE, OR SERVICE, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.

THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PROGRAM, PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITE / PROGRAM OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY EXTENSION, SITE, PROGRAM, PLATFORM, SERVICE, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITE / PROGRAM.

11.3 LIMITATIONS BY APPLICABLE LAW

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE EULA APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, IF THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY AT ALL. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS, THOUGH IT IS OUR POSITION THAT SINCE THE LAWS OF CALIFORNIA GOVERN THIS AGREEMENT THE LAWS OF THE JURISDICTION WHERE YOU RESIDE DO NOT APPLY. YOU AGREE THAT THE FOREGOING DOES NOT GIVE YOU ANY RIGHT TO ASSERT, AND YOU WILL NOT ASSERT, THAT THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY OR THAT THE VENUE FOR ANY SUCH CLAIMS WOUD BE IN SUCH JURISDICTION.

11.4 BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE PROGRAM, EXTENSIONS, SITES, PLATFORMS, AND SERVICES, SET OUR PRICES AND OTHER CONSIDERATION, AND ENTERED INTO THIS EULA IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE ANY EXTENSION, SITE, PLATFORM, SERVICE, OR PROGRAM, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

12. YOUR REMEDIES

YOUR ONLY REMEDY with respect to any breach by Us of any term in this EULA, Our Privacy Policy, violation of any right or law, or dissatisfaction with (i) any Sites, Program, Platform, Service, Reference Sites / Program, or Third Party Vendor, (ii) any term of this EULA, (iii) any policy or practice of Searchme, or any Reference Sites / Program, or Third Party Vendor in operating any Extension, Sites, Program, Platform, or Service, is to terminate Your account and discontinue using and uninstall any and all of the foregoing, including any Program, Sites, Platform, Service, Reference Site / Program, or Third Party Vendor.

13. LOCAL LAWS; EXPORT CONTROL

Searchme operates from its headquarters in the State of Nevada in the United States of America and a Program, Site, Platform, or Service may not be appropriate or available for use in other locations. If You use any Program, Site, Platform, or Service outside the United States of America, You are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under the EULA is contingent on Your compliance with this and all other provisions.

14. INDEMNIFICATION & RELEASE

You agree to indemnify, defend, save, and hold harmless Searchme, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any Program or Searchme Sites, Platform, Service, Content, any violation by You of any term of this EULA, or any breach of the representations, warranties, promises, or covenants made by You herein. Searchme reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless Searchme, and You agree to cooperate with Searchme's defense of these claims. Searchme will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Users are responsible for their acts and omissions and content placed on any Searchme Platform. In the event that You have a dispute with or claim against one or more Users, You release Searchme (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual 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 disputes. If You are a California resident, You waive California Civil Code 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

15. CLAIMS / TIME LIMITATION

YOU AND WE AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR ANY PROGRAM, EXTENSION, SITE, PLATFORM, OR SERVICE, EXCEPT FOR OUR RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 12, REGARDING YOUR REMEDIES.

16. DISPUTE RESOLUTION

16.1 Applicable Law. This EULA and any additional terms referenced in this EULA, including the Privacy Policy, and the relationship and agreement between you and Searchme (including any claim or dispute that has arisen or may arise between you and Searchme), except to the extent inconsistent with or preempted by United States federal law, are and will be governed by the laws of the State of California, U.S.A. without regard to principles of conflict of laws, and without giving effect to any principles that may provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Searchme Sites, Program or any Materials, services, or sites, available on or accessible through the Searchme Sites, Program.

16.2 Venue / Jurisdiction . You agree to submit to the personal jurisdiction of the state courts and federal courts located within the County seat where Searchme conducts business in Nevada, U.S.A. for the purpose of arbitrating or litigating (if agreed and allowed) all claims or disputes arising from or related to this EULA, or any additional terms referenced in this EULA, including the Privacy Policy.

16.3 ARBITRATION AGREEMENT; CLASS & CONSOLIDATION WAIVER; WAIVER OF TRIAL BY JURY.

16.3.1 You and Searchme each agree that any and all disputes or claims that have arisen or may arise between you and Searchme, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, and relating in any way to the services or this agreement (the EULA) will be resolved exclusively by and through confidential final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

16.3.2 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF

WE EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR CONSOLIDATED PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND SEARCHME ARE EACH WAIVING ANY RIGHT TO FILE A LAWSUIT, GO TO COURT, AND THE RIGHT TO A TRIAL BY JUDGE OR JURY , instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement (Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.) Further, In the event any litigation should arise between you and Searchme in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND SEARCHME WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

IN ADDITION, YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION OR LITIGATE OR ARBITRATE ON A CLASS-WIDE OR CONSOLIDATED BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED. UNLESS BOTH YOU AND SEARCHME AGREE OTHERWISE IN WRITING (BY A DOCUMENT SIGNED BY HAND ON PAPER BY AN AUTHORIZED REPRESENTATIVE OF SEARCHME) , THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

16.3.3 Arbitration Procedures

All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 16.3.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction (in Santa Clara County, California) to decide.

The arbitration will be conducted by the American Arbitration Association or its successor ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If AAA ceases to provide arbitration service, then the term "AAA" shall mean and refer to J.A.M.S, and the arbitration shall be held under the J.A.M.S. Streamlined Arbitration Rules and Procedures, as modified by this Agreement to Arbitrate. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. The arbitrator(s) shall be a retired judge or justice, or a duly licensed attorney with no less than 10 years of experience in arbitrating commercial disputes involving the internet and software. If the parties cannot agree upon an arbitrator within fifteen days of the filing of the demand for arbitration, the AAA shall select the arbitrator.

A party who intends to seek arbitration must and will first send to the other, by both certified mail and email, a completed form Notice of Dispute ("Notice"). You may download a form Notice here: http://www.searchassistant.co/notice_of_disputes.html. The Notice to Searchme is to be both mailed or otherwise delivered to Searchme c/o ISL, Inc. 10 Bodie Drive, Carson City, NV 89706, and emailed to legal@searchassistant.co. We may email you a confirmation of receipt of your Notice and require that you verify that you submitted the Notice. If we do, and we do not promptly receive back a verification then you agree that your attempt to give Notice is deemed ineffective. Searchme will send any Notice to you to the physical address we have on file associated with your Searchme account, if we have one, and if not then by email or any other commercially reasonable method (including social media); it is your responsibility to keep your physical address and all other contact information up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Searchme are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Searchme may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You must and will send a copy to Searchme at both the following address: Searchme c/o ISL, Inc. 10 Bodie Drive, Carson City, NV 89706, and by email to legal@searchassistant.co. In the event Searchme initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Searchme account, if we have one, and if not then by email or any other commercially reasonable method (including social media); it is your responsibility to keep your physical address and all other contact information up to date. Any settlement offer made by you or Searchme shall not be disclosed to the arbitrator.

All claims filed or brought contrary to this Section 16 shall be considered improperly filed. Should You file a claim contrary to this Section 16 Searchme may recover attorneys' fees and costs up to $1,000.00, provided that Searchme has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.

The arbitration hearing may be held in the county in which you reside in the UDSA, the County where Searchme conducts business in Nevada, USA, or at another location mutually agreed upon in writing. If the value of the relief sought is $75,000 or less, you or Searchme may elect to have the arbitration conducted by telephone, live video, or based solely on written submissions, which election shall be binding on you and Searchme. In cases where an in-person hearing is held, you and/or Searchme may attend by telephone or live video, unless the arbitrator reasonably requires otherwise.

No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or solely to seek injunctive or equitable relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

The arbitrator's award shall be final and binding. The arbitrator will decide the substance of all claims in accordance with applicable law, including regarding the admissibility of evidence, and including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall set forth in writing evidentiary rulings, findings of fact and conclusions of law, and in supported and reasoned decision(s) shall render all awards, including for baseless motions, motions not brought in good faith, and bad faith evasions, failures, and refusals, to comply with procedures, discovery, or proceedings, based thereon. Following application by any Party to a court of competent jurisdiction for an order entering, confirming, modifying, or vacating the award, the court shall, upon the request or motion of either party, have the duty, right and power to review: (a) whether the findings of fact rendered by the arbitrator(s) are supported by admissible evidence, and by the proper burden of proof; (b) whether, as a matter of law based on such findings of fact, the award should be confirmed, modified or vacated; and (c) whether the decision is thus properly supported and reasoned, and if not whether such portion as is not should be modified or vacated. Upon such determination, judgment shall be entered in favor of any Party consistent therewith. The Court shall grant attorneys’ fees and costs to the Party that prevails on any action, proceeding, motion, appeal, or the like, to oppose entry, confirmation, or to modify or vacate an arbitration award. The Parties agree to use reasonable efforts to maintain all matters relating to any proceeding (judicial or arbitration) hereunder confidential, including by seeking to have court filings sealed.

The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Searchme user to the extent required by applicable law.

16.3.4 Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $75,000 or less, at your request, Searchme will advance all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Searchme must be submitted by mail to the AAA along with your Demand for Arbitration and Searchme will make arrangements to advance all necessary fees directly to the AAA. If the value of the relief sought is more than $75,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Searchme will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert or relief you seek in the arbitration to be frivolous, not in good faith, or brought for an improper purpose, you agree to promptly reimburse Searchme for all fees associated with the arbitration paid by Searchme on your behalf that you otherwise would be obligated to pay under the AAA's rules. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Searchme will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous, or pursuant to Section 16.3.5.

16.3.5 Enforcement of Arbitration Award.

In the event an arbitration decision, award or judgment is obtained, whether entered, filed or confirmed in court or not, the Party against which there may be obligation or against which the decision, award or judgment has been made agrees to pay all reasonable attorneys' fees and costs incurred in the enforcement of any such agreement, decision, award or judgment.

16.3.6 Severability

With the exception of any of the provisions in Section 16.3.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or a court decides that any of the provisions in Section 16.3.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

16.3.7 Opt-Out Procedure.

You can reject this agreement to arbitrate by clicking here: http://www.searchassistant.co/arbitration_form.html and submitting the opt-out form within thirty (30) days of first accepting this EULA. There are no exceptions to this opt-out procedure or time limit.

By submitting the information required, you warrant and represent that the information you are submitting is true and complete. You are opting out of the agreement to arbitrate in the EULA. This opt-out doesn't affect any other parts of the EULA, including, for example, the controlling law provision or the requirements about in which courts legal disputes may be brought.

For your convenience, we are providing the Opt-Out Notice form you must complete and submit to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing all of the information called for in the form. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the EULA User/ Agreement, including all other provisions of Section 16 (Disputes with Searchme), will continue to apply. Opting out of this particular Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

For new Searchme users, the Opt-Out Notice must be submitted no later than thirty (30) days after the first date you accept the EULA for the first time. There are no exceptions to this opt-out procedure or time limit.

We may email you at the primary email address you provide a confirmation of receipt of your opt-out notice and require that you verify that you submitted the opt-out. If we do, and we do not promptly (no later than five [5] calendar days) receive back a verification then you agree that your attempt to opt-out is deemed ineffective. You should check your spam folder.

16.3.8 Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the EULA to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Searchme prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Searchme. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms as set forth herein at least 30 days before the effective date of the amendments or by providing notice through any Searchme Message Center, social media platform, and/or by email. If you do not agree to these amended terms, you must cease using and uninstall the Program(s) within the 30 day period and you will not be bound by the amended terms. If you continue to use the Searchme Sites, Program or Services or Program(s) you will be deemed to have agreed to the amendments.

16.3.9 Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Searchme must be resolved exclusively by a state or federal court located in Santa Clara County, California. You and Searchme agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California the purpose of litigating all such claims or disputes. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16.3.10 Survival . This Arbitration Agreement will survive the termination of your relationship with Searchme.

17. COMMUNICATIONS

17.1 When you use any Searchme Sites, Program or Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail, text, chat, voice, telephone, mobile phone, social media service (such as Twitter, or Facebook), or by posting notices on or through any other Searchme Sites, Program or Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17.2 Recording Calls . You understand and agree that Searchme may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Searchme or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Searchme may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Searchme, and Searchme does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

18. GENERAL

Third Party Agreements . You will comply with the Terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of Our Sites, Programs, Platforms, or Services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.

No Agency. You and Searchme are arms-length parties to a contract, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notices. Except as explicitly stated otherwise, any notices given by You must be given to Our postal address or to Our registered agent for service of process. Required notices to You by Us will be deemed given the earlier of upon posting as set out herein or 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Searchme during any registration process. In such case, notice will be deemed given 3 days after the date of mailing.

Governing Law. California law will govern this Agreement, except for the body of law relating to conflicts of law, and Arbitration. Subject to the Arbitration Section, venue for any legal action will be the state courts of Santa Clara County, California, or the federal courts of the County in Nevada, USA, where Searchme conducts business. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.

Waivers. A party's failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the EULA.

Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and will not be modified except in writing, signed by both parties by hand, or by a change to this EULA made by Us as set forth herein. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

Assignment . This Agreement is not assignable, transferable or sublicensable by you without Searchme's prior written consent, which may be withheld in its sole and unfettered discretion, and any such conveyance will be null and void.

Headings and Interpretation . Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the EULA of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement, and do not constitute a part of this EULA, and will not be deemed to limit or affect any of the provisions hereof. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include all other genders. When the context requires, "including," "e.g.," "for example," and "such as," mean "including, but not limited to." Just because we may not use such words as "represent," "warrant," "covenant," "obligated," or "prohibited," in relation to a provision or section applicable to You, whereas we might use any such words elsewhere, the absence does not mean the word is not implied. When we say "the EULA," or "this EULA," we mean each and every term, clause, section, subsection, provision and word of this EULA, not most or some. We don’t need to say You "understand," "acknowledge," or "agree," including to emphasize, point out, or drive a point home, because that is what you are doing in agreeing to this EULA. No provision of this EULA is to be interpreted or strictly construed against Us because We were the drafter. This is not a contract of adhesion. You don’t have to use the Program.

Other Terms. Some of our services, for example, legacy systems, may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into this EULA by reference.

19. RESERVATION OF RIGHTS

Searchme reserves all rights not expressly granted in this EULA.

20. PREVENTION OF UNAUTHORIZED USE

Searchme reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of any Site, Program, Platform, or Service, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. Searchme reserves the right to monitor Your use of any Program, Site, Platform, or Service, to ensure compliance with this Agreement. If Searchme, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Agreement, Searchme reserves the right to take such action deemed necessary to resolve this issue.

21. MISCELLANEOUS

a) We may in Our sole and unfettered discretion, for any or no reason, and without penalty, terminate this EULA and Your access to use of the Program, Sites, Platform, or Service, without cause and without notice to you. Upon termination, you must discontinue use of the Program, Sites, Platform, or Service.

This limited license terminates automatically, without notice to You, if You breach any term, condition, covenant, agreement, warranty, or representation of the EULA. Upon termination of this limited license, You agree to immediately uninstall the Program and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title, or interest in or to any Program, Sites, Platform, or Service.

This EULA along with any other notices or policies contain the understanding with respect to your use of the Program, Sites, Platform, or Service , and will supersede all prior understandings and agreements, whether written or oral (and We never enter into any oral understandings or agreements), and all prior dealings.

This EULA is subject to change, but you can review this EULA any time by visiting it on, or through a link within the new tab page set by the Program (with the Yahoo! Search box) opened when the Search Assistant extension is enabled, and may also from a link from where You manage browser extensions (including when you left or right click the icon for the extension (Program) (which may be displayed in your browser bar), at this URL: , or any Searchme Platform or in some other reasonable manner.

The provisions of this EULA, which by their nature should survive the termination or expiration of this EULA, will survive such termination or expiration.

22. TERMINATION.

You may terminate this EULA of Use by uninstalling the Program from your computer and discontinuing your use of the software, Sites, Program, Platform, or Service.

[The following within the brackets is for your information only, and is not a contractual agreement, including and notwithstanding anything stated or implied elsewhere

Program Uninstall

You can easily disable or uninstall the Program application by going to Google Chrome -> Settings -> Extensions -> Find Search Assistant -> select Disable or the trash can icon. You can also right click the extension icon in Google Chrome and select Remove from Chrome]

23. COMPLAINTS

Although Searchme is not domiciled in California, in accordance with Cal. Civ. Code §1789.3, if You are domiciled in California You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

24. QUESTIONS OR COMMENTS

If you have questions or comments, please send us a note at support_[at]_searchassistant_[dot]_co.

© Searchme, 2016 - All Rights Reserved

Effective Date: July 7, 2016