This agreement (the "Agreement") is entered into by and between you ("you") and Google, Inc., ("Google") regarding your use of the Google Viewer (the "Service"). By using 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 originally stated, please do not use the Service.
1. Priority. This Agreement, in combination with Google's general Terms of Service (available at http://www.google.com/terms_of_service.html) and Google's general Privacy Policy (available at http://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.
2. Rights Associated with the Service. The service is designed as a new way for you to browse and use the search results provided by Google. Using the Service, you can simultaneously view both text description of the search result as well as the web page to which it links; and you can do so using a slideshow format. As with our standard websearch service, please note that the web pages to which the search results link are not owned or controlled by Google. Google owns and retains all intellectual property rights to the Service; but Google does not claim ownership rights to the web pages to which the Service links.
3. Use of the Service. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Service to sell a product or service; use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; or use the Services as part of a "meta-search" offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Google shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
3. No Warranty. The Service is experimental in nature. It has not been tested in any manner, and Google does not represent that it is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. GOOGLE EXPRESSLY DISCLAIMS 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.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GOOGLE 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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT. 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.
5. Hold Harmless and Indemnity. You agree to hold harmless and indemnify Google, and its 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 will provide you with written notice of such claim, suit or action.
6. 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 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.
7. Modifications of Terms. Google shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date at the bottom of this page.
8. 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. 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. 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. This Agreement constitutes the entire agreement between Google and you with respect to the subject matter hereof.
Last Updated April 1, 2003
