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Terms of Service for Google Answers
This agreement (the "Agreement") is entered into by and between you
("you") and Google, Inc., ("Google") regarding your use of the Google
Answers (the "Service"). By submitting a question or comment to the
Service, you are entering into this Agreement with Google and
indicating that you agree to be bound by these terms and conditions.
If you do not agree with these terms and conditions as stated, please
do not use the Services.
Priority. This Agreement, in combination with Google's general Terms
of Service (available at ://www.google.com/terms_of_service.html)
and Google's general Privacy Policy (available at
://www.google.com/privacy.html), sets forth the terms and
conditions under which Google makes the Service available to you. In
the event of an inconsistency between this Agreement and either
Google's general Terms of Use or Privacy Policy, this Agreement shall
control.
Proper Use. You agree that you will use the Service in compliance with
all applicable local, state, national, and international laws, rules
and regulations. Furthermore, you agree that you will not submit
questions or comments that are unlawful, defamatory, harassing,
abusive, fraudulent, obscene, contain viruses, intended to advertise
or sell goods or services, or are otherwise objectionable. You further
agree not to submit questions or comments designed to elicit responses
that relate to illegal activity or that infringe upon another party's
intellectual property rights. You may not sell, use, reproduce,
modify, edit, translate, publish, perform, display, post, transmit and
distribute questions, comments or answers for any public or commercial
purpose without the written permission of Google. Google does not
edit, screen, filter, modify, or otherwise monitor the content of
questions or comments in advance of initially posting or displaying
such content on the Service. Google takes no responsibility for third
party content, nor does Google have any obligation to monitor such
third party content. Nonetheless, Google reserves the right not to
respond to or Use questions or comments that violate the foregoing
conditions and to delete or edit questions or comments, in whole or in
part, from the Service at any time for any reason. Further Google
reserves the right to refuse service to anyone at any time without
notice for any reason and to remove objectionable or personally
identifiable information from any comments or research questions in
its Use of such questions and/or comments. Google will not be
responsible or liable for the exercise or non-exercise of its rights
under this Agreement.
Not Professional Advice. Information provided via the Services is not
intended to substitute for informed professional medical, psychiatric,
psychological, tax, legal, investment, accounting, or other
professional advice. If you submit a question or comment on such a
topic, we will assume you are interested in soliciting and receiving
or giving general information rather than professional advice. You
should bear in mind that the applicability of such general information
might vary substantially in different states and according to the
individual factual circumstances surrounding a particular question or
comment. Accordingly, if you desire or require professional advice,
please consult a qualified provider who is licensed in your state or
country.
Confidentiality; Use of Information. The questions or comments you
submit and the responses you receive do not form the basis for a
professional-client relationship, including but not limited to
attorney-client, physician-patient, or therapist-patient and are not
subject to standards or requirements of confidentiality and/or
privilege associated therewith. Furthermore, Google shall have the
perpetual, irrevocable, non-exclusive right to use, reproduce, modify,
edit, translate, publish, perform, display, post, transmit and
distribute ("Use") your questions, comments, and/or the corresponding
answers without compensation to you, anonymously or in the aggregate,
for internal or external purposes, alone or as part of other works in
any form, media, or technology, whether now known or hereafter
developed and to sublicense such rights. Google will not, however,
publicly disclose your questions or comments in a manner that directly
associates them with you (except where you include personally
identifiable information in a question or comment and such question or
comment is Used by Google as provided).
Payment Terms. When you first open your account, Google gives you a
credit limit, as described in the then-current Frequently Asked
Questions ("FAQ"). Google will not bill your credit card until you
reach your credit limit or thirty (30) days, whichever comes first.
You shall pay Google a minimum, nonrefundable fee per question listed
on the Research Service ("Listing Fee"), as described in the
then-current FAQ for the Service, plus the price, in compliance with
the then-current FAQ for the Service, on any particular search
("Research Fee"), without any reduction or offset of any kind. You
shall also pay any taxes imposed by governmental agencies of whatever
kind and imposed with respect to all transactions under the Agreement,
including penalties and interest (if any). When Google has the legal
obligation to pay or collect such taxes, the appropriate amount shall
be billed to and paid by you.
Delinquent payments shall bear interest at the rate of
one-and-one-half percent per month (or the highest rate permitted by
law, if less) from the due date until paid in full. You will be
responsible for all reasonable expenses (including attorneys' fees)
incurred by Google in collecting unpaid or delinquent amounts. All
payments due are in U.S. dollars unless otherwise agreed by Google in
writing.
Refund Policy. You may request a refund for any Research Fees by
submitting your request and the reason for your request to Google by
the means and within the time limits specified in the then-current FAQ
for the Service. All reasonable refund requests will be honored.
No Warranty. The information provided by Google pursuant to this
Service is derived from the Google search engine or other public
reference sources (the "Information") and is provided by Google or
independent contractors ("Researchers") to assist in your research.
The Information has not been verified, however, and neither Google nor
Researchers represent that it is accurate, correct, complete,
reliable, or otherwise valid. Google does not endorse or recommend,
and expressly disclaims liability for any product, manufacturer,
distributor, service or service provider mentioned in any question,
comment or answer. Further Google does not endorse or support any
opinion expressed in a question, comment, or answer. THE INFORMATION
AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU
USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS AND
COMMENTS, IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON
POSTING SUCH ITEMS. GOOGLE AND RESEARCHERS EXPRESSLY DISCLAIM ANY
WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. Some states do not allow the exclusion of
warranty, so the above exclusions may not apply to you.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GOOGLE OR
RESEARCHERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT GOOGLE OR
RESEARCHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR RESEARCHERS BE LIABLE TO YOU
FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT
TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE
REFUND OF FEES ACTUALLY PAID BY YOU TO GOOGLE FOR ANY INSTANCE OF USE
OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY
QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER,
DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, GOOGLE EXPRESSLY
DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY
SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE
PROVIDER. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation and
exclusions may not apply to you.
Hold Harmless and Indemnity. You agree to hold harmless and indemnify
Google, and its Researchers, employees, agents and representatives,
from and against any third party claim arising from or in any way
related to your use of the Service, including any liability or expense
arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys' fees, of every kind
and nature. In such a case, Google or the affected Researcher(s) will
provide you with written notice of such claim, suit or action.
Release and Waiver. To the maximum extent permitted by applicable law,
you hereby release, and waive all claims against Google and its
employees and agents from any and all liability for claims, damages
(actual and consequential), costs and expenses (including litigation
costs and attorneys' fees) of every kind and nature, arising out of or
in any way connected with use of the Service. If you are a California
resident, you waive your rights, whether known or unknown, under
California Civil Code § 1542, which states, "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." Residents of other states and nations similarly waive their
rights under applicable and/or analogous laws, statutes, or
regulations.
No Assignment. You shall not assign this Agreement or assign any
rights or delegate any obligations hereunder, in whole or in part,
whether voluntarily or by operation of law, without Google's prior
written consent. Any such purported assignment or delegation by you
without Google's prior written consent will be null and void and of no
force or effect, unless otherwise expressly consented to by Google at
its sole and absolute discretion.
Relationship of the Parties. Notwithstanding any provision hereof, for
all purposes of this Agreement each party shall be and act as an
independent contractor and not as partner, joint venturer, agent,
employee or employer of the other and shall not bind nor attempt to
bind the other to any contract.
Arbitration. Any controversy or claim arising out of or relating to
this Agreement shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The decision of the
arbitrator shall be final and unappealable. The arbitration shall be
conducted in San Francisco, California and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
Notwithstanding anything to the contrary, Google may at any time seek
injunctions or other forms of equitable relief from any court of
competent jurisdiction.
Miscellaneous. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be deemed superseded by
a valid enforceable provision that most closely matches the intent of
the original provision and the remaining provisions shall be enforced.
Google's failure to act with respect to a breach by you or others does
not waive Google's right to act with respect to subsequent or similar
breaches. The failure of Google to exercise or enforce any right or
provision of these terms and conditions shall not constitute a waiver
of such right or provision. The section headings and subheadings
contained in this Agreement are included for convenience only, and
shall not limit or otherwise affect the terms of this Agreement. This
Agreement shall be interpreted in accordance with the laws of the
State of California as if made in California by two residents of that
state. This Agreement constitutes the entire agreement between Google
and you with respect to the subject matter hereof.
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