SearchlightTech.com Terms and Conditions, Effective 4-17-2006
SearchlightTech.com Service Agreement
Index to Service Agreement
Welcome! Thank you for choosing SearchlightTech.com (a.k.a. "service" or "the service") as your gateway to online commerce. We know you're anxious to begin using your service, but before you do, we encourage you to familiarize yourself with our key terms, our responsibilities and yours.
One more thing -- we may revise the agreement at any time without prior notification, so check this page periodically to stay up to date. Your use of the service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the agreement. If at any time after you have read the service agreement and all of its components, you do not agree to be bound by the service agreement, you should immediately exit registration or end your use of SearchlightTech.com and cancel your account.
We agree to:
Provide subscribers with SearchlightTech.com quality customer care, take steps to protect members' privacy and inform you of the legal conditions that apply to your use of SearchlightTech.com.
Offer you a productive environment in which to sell your parts, components and/or hardware.
Occasionally, buyers searching for parts or other components will find that no vendor in the SearchlightTech.com (SLT) database shows inventory.When this circumstance arises, SLT may appear in the search results as the vendor. While SLT has no inventory of its own, we reserve the right to contact existing vendors listed in our database or vendors outside the SLT database in an effort to find the part for the buyer. However, if an active vendor within the database is offering the component for sale, SLT will not show in the search results.
You agree to:
Meet our requirements regarding eligibility, payment and your log-in I.D.
Preserve our rights and the rights of others and observe the policies of SearchlightTech.com.
You agree not to offer gray- or black-market items or disguise any items that are offered. Any gray- or black-market offers detected will be considered cause for you to be removed as a vendor and barred from further participation at SearchlightTech.com.
Below are definitions of key terms you will encounter during your use of the service.
SearchlightTech.com - The value-added virtual warehouse and trading website on which you are or will become a member.
Software - Any software -- owned by SearchlightTech.com or third-party owned -- that relates to your use of SearchlightTech.com, that enables the service to function or that we make available to you in connection with the service.
Member - A registered user of SearchlightTech.com identified in the account registration process.
You/Your - Any member of SearchlightTech.com or other person or entity using SearchlightTech.com or any part of the service, including, but not limited to, using the SearchlightTech.com website and the information or features offered in or through the SearchlightTech.com website.
Third Parties - Third parties who contribute to SearchlightTech.com, officers, directors, employees, agents, licensors, suppliers, distributors, and any third-party distributors of the service or software or third-party information providers to the service (including any third party sponsoring a website that SearchlightTech.com by agreement establishes as a default home page for a member or otherwise provides a hyperlink to or from the service).
To keep you informed of changes to this agreement, we'll notify you by posting the updated form of this agreement on the SearchlightTech.com website, or by email, by U.S. mail or by posting a message to some area of the service.
(a) Account Maintenance - If you are a member and you have any questions, need to resolve problems with your service, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact our customer service department (SearchlightTech.com Customer Service) by:
1) Using the SearchlightTech.com Contact pages at http://www.SearchlightTech.com. From this site, you can access support including account assistance and technical support.
2) Sending an email through our Web-based email system at SearchlightTech.com.
3) Sending a letter to:
Post Office Box 1471
Newburyport, MA 01950
4) Calling 617-833-0326.
(b) Cancellations - CUSTOMER must provide ninety (90) days prior written notice of cancellation. You may cancel your SearchlightTech.com subscription using any one of the following methods:
1) Fax*- Send the request to 978-499-0031.
2) Mail*- Send a letter to:
Post Office Box 1471
Newburyport, MA 01950
3) Phone - You can call us at 617-833-0326.
* For all fax and written cancellation requests, please include the following information for security purposes:
Your full name
Your telephone number
Your email ID
Your email password, OR the last five (5) digits of the credit card you used to pay for SearchlightTech.com with the expiration date.
(c) Other Communications - While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first-class postage-paid letter via courier or U.S. mail to:
Post Office Box 1471
Newburyport, MA 01950
(d) Technical Support - If you are a subscriber and have questions about the use of the service or need help resolving a problem with the service, you may use the following for assistance:
From the site, you can access online support including account assistance.
Send us an email through our Web-based email system at http://www.SearchlightTech.com.
There is a wide variety and quantity of information available through the Internet using SearchlightTech.com. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through SearchlightTech.com. In other words, you're responsible for protecting yourself from harmful or inaccurate information.
In the event that a legal dispute arises concerning this agreement, please be aware that these rules apply:
DISPUTE RESOLUTION - IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
Binding Arbitration - The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND SEARCHLIGHTTECH.COM BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT LIMITS THE ARBITRATOR'S AUTHORITY TO AWARD DAMAGES THAT ARE THE DIRECT RESULT OF SEARCHLIGHTTECH.COM’S WILLFUL MISCONDUCT.
Arbitration Information and Filing Procedures - Before you take a dispute to arbitration or to small claims court, you must first contact our customer representatives at the customer service number on your SearchlightTech.com bill for the Services, or write to us at SearchlightTech.com, Post Office Box 1471, Newburyport, MA 01950 and give us an opportunity to resolve the dispute. Similarly, before SearchlightTech.com takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or SearchlightTech.com is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at http://www.adr.org/. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Any arbitration shall remain confidential. Neither you nor SearchlightTech.com may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.
Fees and Expenses of Arbitration - You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for a document arbitration will be allocated according to the AAA's Rules, except that for claims of less than $1,000, you will only be obligated to pay a filing fee of $20 and we will pay all of the AAA's other costs and fees. If you elect an arbitration process other than a document (or "desk") arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. The prevailing party may, however, seek to recover the AAA's fees and the expenses of the arbitrator from the other party.
SearchlightTech.com and each member agree that SearchlightTech.com would be irreparably harmed by the use, by members or otherwise, of SearchlightTech.com or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited emails in violation of this Agreement, as defined below, and that SearchlightTech.com shall be entitled to obtain injunctive relief against such transmission. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity. SearchlightTech.com reserves the right to block, filter or delete Unsolicited Emails.
MASSACHUSETTS LAW (EXCLUDING ITS CHOICE OF LAW RULES) WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.
SearchlightTech.com and third parties who contribute to the service may bring claims against you for violations of this agreement.
The words of this agreement, not the conduct between us or any trade practice, will control what the agreement means.
Our decision not to enforce a particular provision of this agreement does not mean that we waive the right to enforce it. We will only waive such a right in writing.
We reserve the right to cancel this agreement without notice for any reason; at any time you are entitled to cancel when you notify us beforehand. If we cancel your account or terminate our agreement with you for any reason, you agree not to re-register for the SearchlightTech.com service without our written permission. You agree that your re-registration for SearchlightTech.com following the suspension or cancellation of your account by SearchlightTech.com without receiving written permission from SearchlightTech.com will result in a charge to your account of up to $500 as well as termination of your account.
We may assign our rights and duties under this agreement to others at any time without notifying you. You may not assign your rights and duties under this agreement to others.
Provisions concerning the following matters will survive termination of this agreement: legal conditions, payment, and our rights and the rights of others.
To become a member, you have to be at least eighteen years old. You must register using your own name. If you use a credit card for payment, you must provide a credit card account number which is issued in your name or which you are authorized to use.
Eligibility and or trials (fee based or free) will not be granted to competitors, including but not limited to parts listing services (regardless of products listed), sourcing service websites, brokering sites (their parent or subsidiaries), divisions of any company or party that competes with SearchlightTech.com. Any party that is approved by standard, erroneous or fraudulent means are in violation of this agreement and will be terminated immediately.
During registration, we'll ask you to enter the name or number you want as your User I.D. If the User I.D. you choose is already in use, or if we cannot accept it for any other reason, we'll ask you to enter another, change it, or give one to you. Upon completing the registration process for the Service, you will receive a User I.D. password and may also receive a secure word. You are solely responsible for all use of your SearchlightTech.com account and for the security of your identification codes and any security lock code that you use to protect access to your data, your files name(s) and files, network and user access, and any other information you disseminate through use of SearchlightTech.com or through other Internet services. Therefore, you should secure your computer equipment so that only authorized users can gain access to your SearchlightTech.com account. You may not transfer or permit people outside your corporation to use your service account. You agree to (a) immediately notify SearchlightTech.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You must pay all charges related to your account (including all applicable taxes and all charges associated with connecting to SearchlightTech.com). SearchlightTech.com shall have the right to terminate or suspend your account for failure to pay your bill in a timely manner. In addition, SearchlightTech.com shall have the right to use alternate means to collect unpaid charges to your account in the event of nonpayment.
SearchlightTech.com is billed one month in advance. Regardless of payment method, partial credit is not given to customers who change their price plan to another price plan, disconnect, cancel or are suspended from the service during a billing month.
Risk-free trials are available for a period of 90 days.You will be sent a reminder when your trial offer is about to expire.If you wish to cancel your account at the conclusion of the 90-day period, it is your sole responsibility to notify SearchlightTech.com in writing (via mail or email) about account termination.All accounts not canceled in writing on or before the 90-day trial period expires will be deemed active and will be held accountable for the charges and fees associated with a full one-year agreement at the same service level as your 90-day trial account.
(b) Method of Payment
All new customers must provide a credit card account number which is issued in your name or which you are authorized to use when registering for the service. All payments shall be made pursuant to the terms of the pricing and other information relating to the service, which is available during the registration process, or on the SearchlightTech.com website and incorporated by reference in this agreement, including the provisions of the billing option you selected. You authorize SearchlightTech.com to charge any amounts payable by you in connection with your use of the service automatically to the credit card you provided in the registration process or such credit card number you provide thereafter, subject to the terms and conditions of the combined bill or the agreement between you and your credit card issuer. It is your responsibility to update the credit card information that you use to pay for the service. If you bill your use of SearchlightTech.com to your credit card, your right to use the service is subject to any limits established by your credit card issuer. If you do not update your credit card information, SearchlightTech.com may suspend your use of the service.
We may assess an additional fee for any check returned for nonpayment. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. You agree to reimburse us for reasonable attorney's fees and any other costs associated with collecting delinquent or dishonored payments.
Monthly recurring charges are not prorated. Partial credit is not given to customers, who change their price plan to another price plan, disconnect, cancel or are suspended from the service during a billing month.
SearchlightTech.com enables you to contribute to and gain from a wealth of materials -- some owned by SearchlightTech.com, others owned by third parties. In order to preserve everyone's rights, you must:
Not alter any aspect of the service;
Comply with the terms and conditions of third parties who provide you with materials, including software; and
Not deliberately or accidentally export the software to countries that the U.S. prohibits export to.
SearchlightTech.com is continuously working to improve service for all of our subscribers through careful and efficient management of its network, especially during periods of peak demand. In order to assist us in balancing user loads, we reserve the right to manage maximum session length and terminate sessions that exceed the maximum length even if you are actively using your connection. In the event your session has been terminated, you may immediately reconnect.
Owned By SearchlightTech.com
All aspects of the service are copyrighted as a collective work under U.S. copyright laws and are owned by SearchlightTech.com - including SearchlightTech.com trademarks, service marks and logos.
SearchlightTech.com also has a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to use in any way any ideas or materials that you submit, to SearchlightTech.com.
Owned By Third Parties
Trademarks, service marks and logos owned by third parties remain the property of those third parties.
You do not own SearchlightTech.com or any part of SearchlightTech.com. SearchlightTech.com gives you a non-exclusive, non-assignable right and license to use SearchlightTech.com.
Alteration Is Not Permitted
You may not modify the software in any way, or change or delete any copyrights, trademarks, service marks or logos on SearchlightTech.com. In addition, you may not reverse assemble, reverse compile or reverse engineer the software.
To maintain an informative and valuable service, SearchlightTech.com has established the SearchlightTech.com etiquette. While it is not our intent to control your online communication or monitor its content, we may edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of the rules of etiquette. Violation of these rules may result in the termination or suspension of your account. These rules apply to all content provided to or through SearchlightTech.com, including email messages, newsgroup postings, and chat.
Don't use the SearchlightTech.com to interfere with others' use of SearchlightTech.com or of the Internet in general, to conduct illegal or abusive activity, or to submit materials that violate the rights of others. Specifically:
Don't send messages, data, images and programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;
Don't send materials that contain viruses, worms, or any other destructive elements; and
Don't interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others.
You may not use or attempt to use the service to violate its security or the security of systems accessible through it.
You're responsible for the use of your SearchlightTech.com account. Remember that anyone who has unprotected access to your computer will be able to use your SearchlightTech.com account freely. Therefore, you should secure your computer equipment so that only authorized users can gain access to your SearchlightTech.com account.
You understand and acknowledge that the SearchlightTech.com is intended for your periodic and legitimately active use. Violation of these fairness principles may result in the termination or suspension of your account.
You may not resell or otherwise redistribute SearchlightTech.com or profit in any other way by providing access to others.
Messages posted must contain a valid SearchlightTech.com User I.D. Anonymous postings are not allowed.
You must abide by the terms and conditions applicable to your use of specific features of SearchlightTech.com that may be published on the SearchlightTech.com website as well as terms and conditions applicable to other services that are available through SearchlightTech.com.
Communicate, Don't Inundate
Don't post any single message to more than five online forums ("Spam Newsgroup Postings"), and please make sure your message doesn't deviate from the topic or violate the rules of those forums.
Don't send: a piece of unsolicited commercial email to any person; or (ii) any other unsolicited email to more than 10 people if such email could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited Email"). Don't engage in any of the foregoing activities by using SearchlightTech.com.
Submit promotional materials only in areas of the service designated for that purpose.
Don't submit charity requests, petitions for signatures, or any chain mail-related materials.
Content; Your Conduct and Use of the Service
(a) There is a wide variety and quantity of information available through SearchlightTech.com. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what is accessible through the Service -- in other words, you're responsible for protecting yourself from harmful or inaccurate information. Therefore, by registering for and accessing SearchlightTech.com, you understand and agree that all information, data, text, messages, postings, or other materials including links to other sites ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not SearchlightTech.com, are entirely responsible for all content that you upload, post, or otherwise transmit via SearchlightTech.com. SearchlightTech.com does not control the content posted via SearchlightTech.com and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand and agree that by using SearchlightTech.com, you may be exposed to content that is offensive or objectionable. You understand that the technical processing and transmission of SearchlightTech.com, including your content, may involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will SearchlightTech.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, or otherwise transmitted via SearchlightTech.com.
(b) Monitoring and Removal of Content - SearchlightTech.com does not prescreen content, but SearchlightTech.com and its designees shall have the right (but not the obligation) to monitor any and all traffic routed through SearchlightTech.com, and in their sole discretion to refuse, block, move or remove any Content that is available via SearchlightTech.com. Without limiting the foregoing, we shall have the right to remove any content that violates this agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by us or submitted to us.
(c) Investigation of Unlawful Conduct - SearchlightTech.com cooperates fully with federal and state enforcement officials investigating unlawful behavior on SearchlightTech.com's system, and subscribers are required to do the same. You acknowledge and agree that SearchlightTech.com may preserve content and may disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this agreement; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of SearchlightTech.com, its users and the public.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND OF YOUR ACCOUNT-- SEARCHLIGHTTECH.COM AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL SEARCHLIGHTTECH.COM LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.
SEARCHLIGHTTECH.COM AND THIRD PARTIES WHO CONTRIBUTE TO SEARCHLIGHTTECH.COM MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD-PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS -- WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SEARCHLIGHTTECH.COM AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.