INBOXDOLLARS® TOOLBAR END USER LICENSE AGREEMENT
This is a legal agreement between you, InboxDollars®, and Freecause and describes your use of the Toolbar and privacy issues regarding the Toolbar.
By using the Toolbar and related services, you agree that InboxDollars® and FreeCause may, automatically, through the Toolbar Software, collect and use certain information and data relating to your use, as more fully described below.
Welcome to the InboxDollars® Toolbar, powered by FreeCause (the "Toolbar"). By downloading and installing the Toolbar and associated software, or by clicking on the "I Agree" button, you agree, on behalf of yourself and on behalf of the owner of the computer you are using (if that is a different person) to be legally bound by this End User License Agreement (this "EULA").
As used in this EULA, the "Toolbar" or "Software" means the toolbar software designed to be installed on your computer and to work with the internet web browser installed on your computer, including any updates, revisions, patches or other modifications from time to time to this software. The "Loyalty platform" is defined as the system of toolbars, portals, online shopping malls and social media applications employed to deliver the user experience consistent with the Permitted Uses and Restrictions provided below. "InboxDollars®" refers to CotterWeb Enterprises, Inc., including its affiliate and related entities.
InboxDollars®, as well as the third party vendor that helps us operate this Toolbar, FreeCause, reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. You can always find the most recent version of this EULA at www.inboxdollars.com/pages/toolbar_terms. InboxDollars® may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes. You also agree that we may provide you with legal notice by email and/or through the Toolbar.
Grant of Limited Use License
If you agree to this EULA, you may install and personally use the Toolbar and any updates provided by FreeCause in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA (as it may be amended by FreeCause from time to time), FreeCause hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Toolbar consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software, or any other item not specifically set forth in this EULA.
By agreeing to this license agreement, your permitted uses and restrictions with respect to the Software are as follows:
You may not:
If you violate these restrictions, we reserve the right terminate your right to use the Toolbar at any time and to pursue any legal remedy against you available to us. In addition, we may terminate this license, and we may deinstall or discontinue the Toolbar, at any time, with or without notice.
All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to FreeCause and FreeCause holds title to each copy of the Software. All trademarks and other proprietary rights relating to InboxDollars® and its affiliated brands belong to InboxDollars®. You agree not to remove or alter our or any third party's trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You do not have the right to and may not create derivative works of the Software or trademarks. All modifications or enhancements to the Software remain FreeCause’s sole property.
Third Party Applications
The Toolbar may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether the Toolbar and such application came bundled together.
This EULA is effective for a twelve (12) month term, and at the end of each term automatically renews for an additional twelve (12) month term, unless terminated as described below. . You may terminate this EULA at any time by deleting and/or destroying all copies of Software in your possession. InboxDollars® or FreeCause may terminate this EULA, in its sole discretion, at any time with or without cause, or if you breach any of the terms and conditions, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. WE MAY, REMOTELY DE-ACTIVATE THE TOOLBAR AND SOFTWARE UPON TERMINATION, AND IN ALL CASES YOU CONSENT TO OUR ACCESS OF YOUR COMPUTER FOR (A) UPDATING THE SOFTWARE AND/OR (B) DE-ACTIVATING THE SOFTWARE. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and FreeCause's and InboxDollars’® proprietary rights shall survive any such termination. You agree that InboxDollars® and/or Freecause, or either of their affiliates, owners, officers, or employees, shall not be liable to you or any third-party for any termination of your access to the Software, Toolbar, or the services provided thereby.
The FreeCause Toolbar may enable FreeCause to collect some information as part of its functionality. For example, when you submit a query to FreeCause, the FreeCause Toolbar sends some basic information to FreeCause, including your IP address, your search request, and some cookie data. The information sent to FreeCause by the FreeCause Toolbar may be logged by FreeCause.
The FreeCause Toolbar contains functionality that enables FreeCause to help send you to the intended location in the event that you enter a non-functioning URL. As part of this function, the FreeCause Toolbar sends information on the URLs you type to FreeCause for processing.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE AND TOOLBAR IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE, OR ANY UPDATE OR DE-ACTIVITATION RELATING THERETO. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR ANY UPDATE OR DEACTIVATION RELATING THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, INBOXDOLLLARS® AND FREECAUSE ARE NOT RESPONSIBLE FOR ANY SEARCH RESULTS GENERATED THROUGH THE TOOLBAR. ANY INTERACTION OR DEALINGS YOU MAY HAVE WITH ANY THIRD PARTIES OR OTHER WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
Limitation Of Liability
INBOXDOLLARS® AND FREECAUSE'S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL INBOXDOLLARS® OR FREECAUSE OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF FREECAUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT OF ANY DISSATISFACTION WITH THE TOOLBAR AND SOFTWARE, MALFUNCTION, ERROR, FAILURE, OR ANY OTHER ITEM RELATING TO THE SOLFTWARE AND TOOLBAR, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DEINSTALL THE TOOLBAR AND SOFTWARE.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE OR TOOLBAR, OR USING ANY SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS INBOXDOLLARS®, FREECAUSE, THEIR PARENTS, SUBSIDIARIES AND AFFILIATES, BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
High Risk Activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, INBOXDOLLARS® AND FREECAUSE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT INBOXDOLLARS® AND FREECAUSE WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
Data Collection and Privacy
The Toolbar may also collect and transmit some basic information to InboxDollars®, such as your IP address, a search request, and data generated through cookies.
These policies, as they may be amended from time to time, are integrated and incorporated by reference into this EULA.
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth in this EULA.
This EULA is governed by and interpreted under the laws of the State of Minnesota, without regard to conflict of law provisions. All actions relating to this EULA and the Software and Toolbar shall be brought exclusively in the state or federal court situated in Hennepin County, Minnesota, and you irrevocably submit to the personal jurisdiction and venue of such courts for the purposes of any dispute arising from this EULA. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. InboxDollars® and/or FREECAUSE may assign this EULA to any entity at its sole discretion and without notice to you.
YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE; OR (3) VIA THE TOOLBAR. The delivery of any notice is effective when sent or posted, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND INBOXDOLLARS® REGARDING THIS TOOLBAR (ALTHOUGH THE TERMS AND CONDITIONS OF YOUR MEMBER AGREEMENT REMAIN IN FULL FORCE AND EFFECT), AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME.
Effective Date: December 1, 2009
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