Welcome to searchitup.co (the "Website"), which is owned and operated by Exponential Labs Inc.
("Exponential Labs"), whose principal place of business is in the Province of Ontario in Canada. The
Website permits you to search the web. This service is provided at no cost to you, subject to these Terms of
Use (the "Terms").
Exponential Labs provides its Services to you subject to the following
Terms, which may be updated from time to time without notice to you. Your access to and use of the Website is
governed by these Terms. In addition, when using particular Exponential Labs Services, you may be subject to
additional terms applicable to those Services, which are incorporated by reference into these Terms.
review these Terms carefully before using the Website or any Services.
Acceptance of Terms
accessing the Website, using Services offered by Exponential Labs, or subscribing to or ordering Services
online through the Website, you agree to be subject to the Terms. If you do not agree to the Terms, you are
not permitted to access the Website or use the Services and must not access the Website. Unless expressly
stated otherwise, any new features that augment or enhance the current Services are subject to the Terms.
The Services include the ability for users to search the web. Exponential Labs is not
affiliated with any linked sites and takes no responsibility for the content of those sites, and makes no
assurances about the quality or accuracy of any information provided by those sites.
Labs reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any
part thereof) with or without notice. You agree that Exponential Labs shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Services.
are prohibited from violating, or attempting to violate, the integrity or security of the Website. Any
violations may result in criminal and civil liability. Exponential Labs will investigate any alleged
violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of
violations of the security of the Website include, without limitation: attempting to probe, scan or test the
vulnerability of a Exponential Labs system or breach security or authentication measures without proper
authorization; and attempting to interfere with service to any user, host or network including, without
limitation, via means of overloading or other means to effect a denial of service to Website users. If you
become aware of any of these activities, you shall immediately notify Exponential Labs and take all other
appropriate actions to cause such activities to cease. Indirect or attempted violations of this section, and
actual or attempted violations by a third party on your behalf, shall be considered violations of this section
Exponential Labs reserves the right to suspend or terminate your access to the Website, at
Exponential Labs' discretion, and without notice to you, upon notice of a violation of this section.
acknowledge and agree that the Services and any software used in connection with the Services
("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that all Website content (the
"Content") may include information protected by copyrights, trademarks, service marks, patents, or
other proprietary rights and laws. Except as expressly authorized by Exponential Labs or the rights holders,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content,
Services or the Software, in whole or in part.
You understand that through the use of
the Website, you may be exposed to content that you find offensive, indecent or objectionable, and you use the
Website at your own risk. Exponential Labs does not review or edit information obtained from third-party sites
that is republished on the Website.
Any personal information you provide to
about your use of the Website may be included in an anonymized fashion in aggregate reports generated for
marketing purposes and Exponential Labs' general use, and for the purpose of paying any third party
royalties, if applicable. You understand that through your access to the Website and/or use of the Services,
you consent to the collection, use and disclosure of this information, only as permitted by the Exponential
for storage, processing, and use by Exponential Labs or its affiliates in order to provide the Services to
Links to Third Parties
Any links to third-party websites from the Website are meant for
convenience only. Exponential Labs does not review or control these third-party websites and is not
responsible for any third-party websites or the content of those sites. Inclusion of any linked website does
not imply approval or endorsement of the linked website by Exponential Labs. You follow such a link to any
other site at your own sole risk and Exponential Labs shall not be responsible or liable for any damages
associated with linking.
EXPONENTIAL LABS INC. AND ITS EMPLOYEES, AGENTS,
AFFILIATES, PARTNERS AND SUPPLIERS PROVIDE ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN PARTICULAR, EXPONENTIAL LABS INC.
MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH,
AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY CONTENT.
WITHOUT LIMITING THE
FOREGOING, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES
REGARDING THE WEBSITE OR ANY CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW BY EXPONENTIAL LABS INC.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
EXPONENTIAL LABS INC. OR ANY OF ITS PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES,
OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER WEBSITE USER OR ANY THIRD PARTY FOR ANY DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT,
EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF: THE USE OF THE WEBSITE OR ANY CONTENT; THE RELIANCE ON ANY STATEMENT OR ADVICE FROM
ANY CONTENT; THE INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR ANY PART THEREOF, OR TO ANY CONTENT; OR OUT
OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.
You agree to indemnify and
hold Exponential Labs Inc., its affiliates, partners, attorneys, staff, and each of their respective
directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages of any
kind, including reasonable legal fees, arising from any and all claims, suits or demands pertaining to your
use of the Website, Content or Services, or arising out of your breach of these Terms or your violation of any
rights of another, except to the extent such costs or damages were proximately caused by Exponential Labs
through no fault of yours.
Severability of Clauses
If any provision of these Terms is found by
a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect. Headings used in the Terms are not to be used to construe or interpret the
The Terms constitute the entire agreement between you and Exponential
Labs and govern your use of the Website, Content and the Services, superseding any prior agreement, whether
oral or written. You may be subject to additional terms and conditions that may apply when you use certain
Exponential Labs Services.
The failure of Exponential Labs to exercise or enforce any
right or provision of the Terms shall not constitute a waiver of such right or provision.
Agreement is not transferable by you in any way and may not be assigned to any third party without the prior
written consent of Exponential Labs.
No Third Party Rights
No provision of this Agreement
provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement,
or cause of action or creates any other third party beneficiary rights.
Terms and the relationship between you and Exponential Labs shall be governed and construed by the laws of the
Province of Ontario and the applicable laws of Canada, without regard to its conflict of laws provisions. You
hereby consent and submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario
in any action or dispute related to the Terms, Website or Services.