Terms and Conditions
4SIGHT SEARCH
11422 Goodhue St. NE
Blaine, MN 55449
651.895.0160
Effective Date: June 1, 2018
This web page represents a legal document and is the Terms and Conditions (Agreement) for our
website, www.4sightsearch.com (Website). By using our Website, you agree to fully comply with and be bound by the
following Agreement each time you use our Website.
Definitions
The terms “us”, “we”, and “our” refer to 4SIGHT SEARCH, the owner of this Website. A “Visitor” is someone who
merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The
term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any
products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our
Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as
“Member Content”.
Acceptance of Agreement
This Agreement is between you and 4SIGHT SEARCH.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR
LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY,
AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND
CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS,
AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and 4SIGHT
SEARCH and supersedes all other Agreements, representations, warranties, and understandings with respect to our
Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services,
you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be
incorporated into this Agreement unless otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy
Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement,
including the www.4sightsearch.com Privacy Notice, do not use this Website or our Services.
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action
taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual
property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis,
and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Minneapolis, Minnesota and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of
competent jurisdiction in Minneapolis, Minnesota necessary to protect our or your rights or property pending the
completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Minneapolis, Minnesota, and will be governed
by and construed in accordance with the laws of the state of Minnesota without regard to conflict of law provisions. In
addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with
respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever
waived and barred.
Limited License
4SIGHT SEARCH grants you a nonexclusive, nontransferable, revocable license to access and use our Website and
Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal,
personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version
of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any
circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations
regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-
franchisee relationship between you and 4SIGHT SEARCH.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the
form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for
you to use our service marks or trademarks without the prior written permission of 4SIGHT SEARCH. Our Content,
as found within our Website and Services, is protected under United States and foreign copyrights. The copying,
redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and
Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable
or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least
18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is
unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you
represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this
Agreement. 4SIGHT SEARCH has sole right and discretion to determine whether to accept a Member, and may
reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services.
You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages
resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your
password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You
agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with
password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful
components, or that we will correct any errors. We do not represent or otherwise warrant that the information
available on or through our Website will be correct, accurate, timely, or otherwise reliable.
4SIGHT SEARCH reserves the right at our sole discretion to change any content, software, and other items used or
contained in our Website or Services at any time without notice.
Disclaimer
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly,
4SIGHT SEARCH has no editorial control over such content. Any opinions or other information or content expressed
or made available by third parties, including information providers, Users, or any other user of our Website, are those
of the respective author(s) and not of 4SIGHT SEARCH. 4SIGHT SEARCH does not guarantee the accuracy,
completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of
these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These
merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a
party to the transactions entered into between you and Merchants. You agree that use of or purchase from such
Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal
documents (including privacy policies), and operating procedures of Merchants will apply to you while on any
Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or
other professional advice and that no professional relationship of any kind is created between you and 4SIGHT
SEARCH or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other
decision based in whole or in part on anything contained in our Website or Services.
Warranty Disclaimer
4SIGHT SEARCH is not responsible or liable in any manner for any Content posted on our Website or in connection
with our Services, whether posted or caused by Members of our Website, or by 4SIGHT SEARCH. Although we
provide rules for Member conduct and postings, we do not control and are not responsible for what Members post,
transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene,
unlawful, or otherwise objectionable content you may encounter using our Website or Services. 4SIGHT SEARCH is
not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. 4SIGHT
SEARCH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member
communications.
4SIGHT SEARCH is not responsible for any technical malfunction or other problems of any telephone network or
service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of
email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including
injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related
to or resulting from the use or downloading of materials in connection with our Website or Services, including, without
limitation, any software provided through our Website or Services.
Under no circumstances will 4SIGHT SEARCH be responsible for any loss or damage, including any loss or damage,
personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users
of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with
our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-
IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
4SIGHT SEARCH, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF
OUR WEBSITE OR SERVICES. 4SIGHT SEARCH CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO,
RELATED SOFTWARE. 4SIGHT SEARCH DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT,
SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD
EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT,
SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR
SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF
AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM
OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 4SIGHT SEARCH.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR
SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL 4SIGHT SEARCH OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF
OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR
DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF 4SIGHT SEARCH IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, 4SIGHT SEARCH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF
YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their content to our Website through our Services (Member Content). Members and Visitors
understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or
objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or
integrity. 4SIGHT SEARCH is not responsible for the monitoring or filtering of any Member Content. Should any
Member Content be found illegal, 4SIGHT SEARCH will submit all necessary information to relevant authorities.
If any Member Content is reported to 4SIGHT SEARCH as being offensive or inappropriate, we may ask the Member
to retract or otherwise modify the questionable content within 24 hours of being notified by 4SIGHT SEARCH. If the
Member fails to meet such a request, 4SIGHT SEARCH has full authority to restrict the Member’s ability to post
Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or
that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable
federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and
trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In
accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we
deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
1. Violates any local, state, federal, or international laws
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive,
harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
4. Links directly or indirectly to any materials to which you do not have a right to link
5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers, and credit card numbers
6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications equipment, or to extract information from
our Website or Services
7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation
8. In the sole judgment of 4SIGHT SEARCH is objectionable or restricts or inhibits any other person from using or
enjoying our Website or Services, or which may expose 4SIGHT SEARCH, our affiliates, or our Users to any harm
or liability of any type
Use our Content to:
1. Develop a competing website
2. Create compilations or derivative works as defined under United States copyright laws
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other
distribution mechanism
4. Decompile, disassemble, or reverse engineer our Website, Services, and any related software
5. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international
laws
Use of Information
You grant 4SIGHT SEARCH a license to use the information and materials you post to our Website. By posting,
displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our
Website, you are granting 4SIGHT SEARCH, its officers, directors, employees, agents, consultants, representatives,
and affiliates, a license to use the Member Content in connection with the operation of the business of 4SIGHT
SEARCH, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without
limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member
Content. You understand and agree that you will not be compensated for any Member Content. By posting Member
Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are
authorized to post, display, distribute, perform, or transmit Member Content.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we
deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by
framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease
providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our
Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content,
and/or data of such third-party websites.
4SIGHT SEARCH has no control over the legal documents and privacy practices of third-party websites; you access
any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions
of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is
true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay
the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment
method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the
dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us, we may refund your purchase price within thirty (30) days
of your notifying us in writing of your desire for the refund together with a reason for the request subject to the return
of the Product to us in substantially the same condition as when you purchased it. Any refund or return may be
subject to restocking fees as found on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will
terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you
will stop representing yourself as a registered Member or Client. You must delete or destroy any information or
content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not
limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the
termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service
providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related
to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with
applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in
conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision
of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our
rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes
by email or in writing. We will also post these changes on our website. These changes will become effective 30 days
after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-
resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-
pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and
Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of
such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the
use of our Website, Services, and Products.
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