Terms of Use

Thank you for using the Google AJAX Search API. By using the Google AJAX Search API (the "Service"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Use"). In addition, if your use of the Google AJAX Search API incorporates images or data from the Google Maps service, you agree to be bound by the Google Maps Terms of Use.

1. Service

1.1 Description of Service. The API consists of JavaScript and associated service protocols that allow You to display results from Google searches, including text and URL results from Google Web Search and results from searches on other Google services ("Google Search Results") on your website, application, or other product expressly authorized in writing by Google (each, a "Property"), subject to the limitations and conditions described below. The API is limited to allowing You to host and display Google Search Results on your Property, and does not provide You with the ability to access other underlying Google Services or data.

Subject to the limitations and conditions described below, You may use the API to enable end users of your Property to designate Google Search Results for you to host and display in conjunction with other information that they upload or post to your Property. The API may be used only for services that are accessible to your end users without charge.

1.2 Modifications. Google reserves the right to release subsequent versions of the API and to require You to obtain and use the most recent version. Google may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://code.google.com/apis/ajaxsearch/terms.html, or such future URL as Google may designate. If a modification is unacceptable to You, You may cancel the Service by removing the JavaScript and/or other implementation of the API from your Property. If You continue to use the Service on any Property, You will be deemed to have accepted the modifications.

1.3 Appropriate Conduct and Prohibited Uses. The Service may be used only for services that are accessible to your end users without charge.

You agree that you will not, and you will not permit your users or other third parties to: (a) modify or replace the text, images, or other content of the Google Search Results, including by (i) changing the order in which the Google Search Results appear, (ii) intermixing Search Results from sources other than Google, or (iii) intermixing other content such that it appears to be part of the Google Search Results; or (b) modify, replace or otherwise disable the functioning of links to Google or third party websites provided in the Google Search Results.

You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not, and will not permit your end users or other third parties to:

• incorporate Google Search Results as the primary content on your Property or any page on your Property;
• display business listings Search Results from the Google Maps service on any Property which has the primary purpose of making available residential or business address listings or telephone directory listings;
• hide or mask from Google the identity of your service as it uses the API, including by failing to follow the identification conventions listed in the API documentation;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You (or the end user posting the content) are the owner of the rights or have the permission of the owner to post such content;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
• distribute any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• restrict or inhibit any other user from using and enjoying Google services;
• use Google services for any illegal or unauthorized purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on Google services;
• interfere with or disrupt Google services or servers or networks connected to Google services, or disobey any requirements, procedures, policies or regulations of networks connected to Google services;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Google services or collect information about users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by Google;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

1.4 Advertising. Google reserves the right to include advertising in the Google Search Results provided to You through the Service.

2. Proprietary Rights

2.1 Google Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights 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. As between You and Google, You acknowledge that Google owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use. You further acknowledge that third parties may own right, title and interest, including without limitation all Intellectual Property Rights, in and to content indexed by Google and linked to or excerpted in the Google Search Results, and that You shall not acquire any right, title, or interest in or to such content except as provided by applicable law.

2.2 Brand Feature License. For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Google hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Google's Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling your obligations under Section 2.3 below. You hereby grant to Google a nontransferable, nonexclusive license during the Term to use your Brand Features to advertise that You are using the Service.

In using Google Brand Features, you may not:

• display a Google Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Google, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Google or Google personnel;
• use Google Brand Features to disparage Google, its products or services;
• display a Google Brand Feature on your Property if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
• have the Google logo as the largest logo on your Property (except as displayed in the Google Search Results itself);
• display a Google Brand Feature as the most prominent element on any page of your Property;
• display a Google Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Google;
• display a Google Brand Feature on a Property that violates any law or regulation; or
• remove, distort or alter any element of a Google Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).

You understand and agree that Google has the sole discretion to determine whether your use of Google brand features is in accordance with the above restrictions.

Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Google's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Google (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Google.

2.3 Attribution. The Google Search Results provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google, its partners, or other third party rights holders of content indexed by Google. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree to include and display the "powered by Google" attribution adjacent to the Service search box. If you use the standard search control, or the standard search control form, this attribution will be included automatically. If you use a search form of your own design, or have no search form, you agree to place the attribution conspicuously on the page, in close proximity to the search results, as described in the documentation.

For all Search Results available through the Service, Google provides Google AJAX Search API attribution language (such as "clipped from Google - date" or such similar language as may be used from time to time). You agree to include this attribution, unmodified, adjacent to Search Results on your Property. Google will provide this attribution information automatically when you use the default search control, in which case you agree not to modify or obscure this automatically generated attribution. If you do not use the default search control, you must include, adjacent to the Search Result and visible on the same screen, similar attribution that indicates the Search Result came from Google and on what date it was clipped.

For business listings Search Results from the Google Maps service, Google sometimes provides business listing source attribution information (such as "Business listings provided by name"). If Google provides this attribution, then you must include it adjacent to any business listing Search Results on your Property. Google will provide this attribution automatically when you use the default search control. If you do not use the default search control, you must obtain and include the business listing attribution information as described in our documentation. Your use of third party business listing content may also be subject to additional terms that can be found on our Legal Notices page.

2.4 Content Removal. It is Google's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see http://www.google.com/dmca.html. As the host of content, including Google Search Results, posted to your Property by end users, you agree to comply with the Digital Millennium Copyright Act or other appropriate process for the removal of content deemed to infringe the rights of third parties, and to remove any Search Results upon request from Google, and any Google AdWords listings that appear in the Search Results upon request from Google or the Google advertiser who placed the listing. You agree that your Property will provide contact information that rights-holders can use to contact you and request removals.

3. Privacy Policy

Google's collection and use of personal information is governed by Google's Privacy Policy, available at http://www.google.com/privacy.html. You understand and agree that Google may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Google, its affiliates or the public. Personal information collected by Google may be stored and processed in the United States or any other country in which Google or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of your country.

4. INDEMNITY

You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of Google services, 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 will provide You with written notice of such claim, suit or action.

5. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOOGLE 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.

b. GOOGLE 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.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH 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.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM GOOGLE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE 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 GOOGLE 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.

7. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. Term and Termination

8.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.

8.2 Termination. Google may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate your use of the Service at any time. This includes, without limitation, the right to set, at Google's own discretion and at any time, a maximum number of Google Search Results you may access through the service without Google's prior written consent.

In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Google or otherwise disparages or devalues the Google Brand Features or Google's reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Service from your Property.

8.3 Rejection of Application. Google shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Google. Google shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

8.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all Google Search Results and Google Brand Features.

8.5 Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7, 8.4, 8.5, 8.6, and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

8.6 Remedies. You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to Google, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Google may be legally entitled, Google shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of your officers, employees, consultants or other agents.

8.7 Third Party Beneficiaries. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

9. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitute the entire agreement between You and Google and govern your use of the Service, superseding any prior agreements between You and Google. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Google services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between You and Google shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Google agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

Waiver and Severability of Terms. The failure of Google to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Google services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

September 15, 2008