MyDealShopper Terms and
Conditions
Additional Information
Thank you for trying out the MyDealShopper Toolbar software! By using
this software, including any third party software made available in conjunction
with this software, ("MyDealShopper Toolbar") you agree to be bound
by the following terms and conditions (the "Terms and Conditions").
Personal Use Only
MyDealShopper Toolbar is made available to you for your personal, non-commercial use only. This means that you may use it at work or at home, to display deals as you browse the Internet. You may not use the MyDealShopper Toolbar in any manner that could damage, disable, overburden, or impair MyDealShopper's deal services (e.g., you may not use the MyDealShopper Toolbar in an automated manner), nor may you use the MyDealShopper Toolbar in any manner that could interfere with any other party's use and enjoyment of MyDealShopper's services.
Age Limitation
The MyDealShopper Toolbar is not available to individuals below the age
of 13. By accepting this installation you are representing that you are not a
minor below the age of 13.
Intellectual Property
You acknowledge that MyDealShopper or third parties own all rights,
title and interest in and to the MyDealShopper Toolbar, portions thereof, or
software provided through or in conjunction with the MyDealShopper Toolbar,
including without limitation all Intellectual Property Rights. "Intellectual
Property Rights" means any and all rights existing from time to time under
patent law, copyright law, trade secret law, trademark law, unfair competition
law, and any and all other proprietary rights, and any and all applications,
renewals, extensions and restorations thereof, now or hereafter in force and
effect worldwide. You agree not to modify, adapt, translate, prepare derivative
works from, decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from MyDealShopper Toolbar. You also agree to not remove, obscure,
or alter MyDealShopper's or any third party's copyright notice, trademarks, or
other proprietary rights notices affixed to or contained within or accessed in
conjunction with or through the MyDealShopper Toolbar.
Disclaimer of Warranties
MyDealShopper and any third party who makes its software available in conjunction with or through the MyDealShopper Toolbar disclaim any responsibility for any harm resulting from your use of the MyDealShopper Toolbar and/or any third party software accessed in conjunction with or through the MyDealShopper Toolbar.
The services provided
on the MyDealShopper Toolbar and the content, information, Ads, links, coupons,
promotions, graphics and images published on this Toolbar could include
inaccuracies, typographical errors or other errors. We make no commitment,
however, to update what is displayed on the MyDealShopper Toolbar. Furthermore,
we reserve the right to temporarily, or permanently, modify, alter, discontinue
or delete the same without prior notice.
Users
of the MyDealShopper Toolbar should not rely upon the Ads, links, coupons,
promotions, graphics, images or Deals displayed on the Toolbar when making
business, financial, personal or other decisions. Furthermore, we do not
endorse the opinions of third parties expressed on this Toolbar site or on
linked Web sites. Consequently
THE MYDEALSHOPPER TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE MYDEALSHOPPER TOOLBAR ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. MYDEALSHOPPER AND SUCH THIRD PARTIES
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. MYDEALSHOPPER AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MYDEALSHOPPER TOOLBAR DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MYDEALSHOPPER
TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE MYDEALSHOPPER
TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR
THROUGH THE MYDEALSHOPPER TOOLBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MYDEALSHOPPER TOOLBAR AND SUCH
THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION
TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MYDEALSHOPPER OR ANY THIRD PARTY WHO MAKES
ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MYDEALSHOPPER TOOLBAR
BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF MYDEALSHOPPER
TOOLBAR OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MYDEALSHOPPER
AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE MYDEALSHOPPER TOOLBAR AND ALL THIRD
PARTY SOFTWARE MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE MYDEALSHOPPER TOOLBAR, FROM INABILITY TO
USE MYDEALSHOPPER TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION
WITH OR THROUGH THE MYDEALSHOPPER TOOLBAR, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF MYDEALSHOPPER
TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH
OR THROUGH THE MYDEALSHOPPER TOOLBAR (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of
These Terms and Conditions constitute the entire agreement between the
parties with respect to the subject matter hereof and supersede and replace all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of these Terms and
Conditions will be effective only if in writing and signed by MyDealShopper and/or
a third party who make its software available in conjunction with or through
the MyDealShopper Toolbar.
December 2003