Surf Canyon Privacy Policy and Terms of Service

Surf Canyon Incorporated Privacy Policy

1. Information Collection & Use

We are committed to protecting online user privacy. In order to ensure your privacy, information we collect is used only in the manner and for the purposes described below.

1.1 Registration

Surf Canyon Incorporated ("Surf Canyon") collects personal information when you use the Surf Canyon browser extension. Surf Canyon is the sole owner of the information collected by the Surf Canyon browser extension.

1.2 Children's Privacy Policy

Surf Canyon is not directed towards children 13 years of age or under and we do not knowingly collect any information from children 13 years of age or under through our web site.

1.3 Uses of Information

Surf Canyon uses information for the following general purposes: to customize the search results on selected search engines (currently Surf Canyon, Google, Yahoo! and Craigslist), to customize sponsored results (which are always clearly labeled as such) on Surf Canyon's search engine, to improve our services, and to provide anonymous, aggregate reporting for internal and external clients.

1.4 Profile

We store information that we collect through client-side cookies and server-side log files to create a "profile" of your preferences. We tie your personally identifiable information to information in the profile in order to provide tailored search results and sponsored results for you. We share your profile with other third parties in aggregate form only. We do NOT share your profile with any third parties.

1.5 Refinement Links

Specifically with respect to the display of Refinement Links, as described in http://blog.surfcanyon.com/2009/04/30/v204-further-refinements, and as delivered by either Surf Canyon's browser extension or any of our partner browser extensions, the functionality requires that the user's query and IP address be sent to Surf Canyon's server. Neither the query nor the IP address are ever sent to any third party. Furthermore, this data is never stored and is immediately discarded once the server responds with the Refinement information.

2. Information Sharing and Disclosure

2.1 Aggregate Information (non-personally identifiable)

We share aggregated demographic information about our user base with our partners. This information does not identify individual users. We do not link aggregate user data with personally identifiable information. No registration, login or cookies are required to use any of our services.

2.2 Personally identifiable information:

We DO NOT Share Personally Identifiable Information with Third Parties.

3. Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site

3.1 Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

With respect specifically to the display of Refinement Links, as discussed in section 1.5 above, all information is immediately discarded and no information is stored in any log files.

3.2 Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. Cookies enable us to target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but the ability for our service to provide accurate personalization for you may be limited.

3.3 Third Party Search Engines

When you execute a query on selected search engines (currently Google, Yahoo and Craigslist), the Surf Canyon browser extension may make additional network connections to the search engine and execute additional queries. The additional network connections may cause you to exceed a search engine's bandwidth limit more quickly. The additional search engine queries may affect the search engine's own personalization algorithms.

3.4 Third Party Advertisers

The ads that we deliver to users may be provided by our advertising partners. We share Web site usage information about users with reputable third parties for the purpose of targeting our advertisements on this site. The information that our advertising partners collect is not personally identifiable.

4. Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us using our contact page.

4.1 Business Transitions

In the event Surf Canyon goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

4.2 Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by means of a notice on our home page.



Surf Canyon Incorporated Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Services.

Effective Date: This Terms of Use Agreement was last updated on October 10th, 2014. You can review the most current version of this Agreement at any time at this page http://www.surfcanyon.com/terms.

This Terms of Use Agreement sets forth the standards of use of the Surf Canyon Incorporated ("Surf Canyon") Online Services. By using Surf Canyon's browser extension or website ("Services") you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the SurfCanyon.com web site. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Surf Canyon is providing Member with use of Surf Canyon's browser extension and website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet and (3) pay any fees relate with such connection.

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2. Disclaimer of Warranties

The Services are provided by Surf Canyon on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Surf Canyon makes no representations or warranties of any kind, express or implied, regarding the use or the results of these Services in terms of their correctness, accuracy, reliability, or otherwise. Surf Canyon shall have no liability for any interruptions in the use of these Services. Surf Canyon disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

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3. Limitation of Liability

SURF CANYON SHALL NOT be liable for any damages whatsoever, and in particular SURF CANYON shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this service or the information provided by it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SURF CANYON has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

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4. Indemnification

Member agrees to indemnify and hold Surf Canyon, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

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5. Modifications and Interruption to Service

Surf Canyon reserves the right to modify or discontinue the Service with or without notice to the Member. Surf Canyon shall not be liable to Member or any third party should Surf Canyon exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Surf Canyon does not guarantee continuous, uninterrupted or secure access to our service and operation of our service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

The Surf Canyon browser extension may automatically download and install updates from Surf Canyon from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Surf Canyon to deliver these to you) as part of your use of the Services.

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6. Third-Party Sites

Our Services make use of links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

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7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Surf Canyon makes every effort to ensure that the information provded by the Services is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided by the Services.

Surf Canyon makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

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8. Governing Jurisdiction of the Courts of California

Our service is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our service or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.

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9. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

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10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006-2014 Surf Canyon, with all rights reserved, or is the property of Surf Canyon and/or third parties protected by intellectual property rights. Any use of materials from our Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Surf Canyon is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to connect to our Services without prior written permission of an authorized officer of Surf Canyon.

Surf Canyon and SurfCanyon.com are proprietary marks of Surf Canyon. Surf Canyon's trademarks may not be used in connection with any product or service that is not provided by Surf Canyon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surf Canyon.

All other trademarks displayed by Surf Canyon's service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Surf Canyon.

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11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, notifications of claimed copyright infringement may be sent by email to:

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12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Surf Canyon, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Information regarding the use and disclosure of personally identifiable information and other practices are described in our Privacy Policy, which is located at http://www.surfcanyon.com/privacy. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the practices described in our Privacy Policy.