IGIVE.COM TOOLBAR - END USER LICENSE AGREEMENT AND PRIVACY STATEMENT
iGive.com Holdings, LLC (the Company) provides a shopping and search engine service (the Service) that utilizes shopping reminder software (the Software), known wholly as the iGive Toolbar. By downloading the Software you agree to the following terms of this Agreement and to the Privacy Statement below.
Your Representations. You represent that you are at least 18 years of age. You represent and warrant that you are either the owner or an authorized user of the computer on which you are installing the Software. You agree that you shall at all times comply with all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Software.
License and Updates. Company grants you a non-exclusive license to install and use the Software solely for personal use and only for the purpose of accessing the Company Service. Company and its licensors/suppliers reserve the right to add additional features or functions to its Software at any time, without asking your approval. Company may require the update of its Software on your computer when a new version of the Software is released or new features are available. This update or new download may occur automatically when you use the Service. Changes to this End User License Agreement may be made by Company and will be posted on the Company web site. Your continued use of the Software will constitute consent to the revised terms. Company is under no obligation to support the Software. Company may at any time suspend or terminate this license and disable the Software.
Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software for any reason. You may not modify the Software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the Software is licensed not sold, the Software and all rights not expressly granted herein are reserved to Company and its licensors/suppliers.
Warranty Disclaimer. COMPANY AND ITS LICENSORS PROVIDE(S) THE SOFTWARE ON AN "AS IS" "WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. USE OF THE SOFTWARE IS AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties. In such case any applicable warranties shall be limited to a period of 90 days from the date of download.
Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) 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 are agreeing 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.
U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer is IGIVE.COM HOLDINGS, LLC, 2724 Simpson Street, Evanston, IL 60201, ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.
Limitation of Liability. IN NO EVENT WILL COMPANY, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, ADVERTISERS, DIRECTORS, SUPPLIERS, LICENSORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S OR ITS LICENSOR'S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.00. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Company's liability shall be limited to the maximum extent permitted by law.
Governing Law and Arbitration. The laws of the State of Illinois will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any claim or controversy arising out of or related to this Agreement as between you and Company shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The foregoing shall not preclude Company from seeking any injunctive relief to which it may be entitled.
General. This Agreement, as modified from time to time, sets forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision hereof shall be held to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be in any way affected. No delay or failure to enforce any provision of this Agreement shall constitute a waiver of such provision. You may not assign this Agreement without our consent.
END USER SOFTWARE
LICENSE PRIVACY STATEMENT
Effective Date: May 2008
What Information Does the Software Collect?
The Software is designed to collect and use non-personal information. The Software collects certain non-personally identifiable information about your Web surfing and computer usage. This includes the URL addresses of the Web pages you view; non-personally identifiable information on Web pages including the searches you conduct on the Internet; your response to online offers; standard web log information and system settings; what software is on the computer; and, for members of the Service, your email user name and password, if you choose to create one.
If you voluntarily submit personally identifiable information to us when you request technical support, we only use that information to respond to your request.
How Do We Use This Information?
To enhance performance of the Software and ensure proper purchase credits. The Software associates the non-personally identifiable information that it collects to an anonymous, randomly generated member ID to ensure proper credit for qualified transactions using the Service.
To conduct research. We aggregate anonymous data regarding members' online activities to better understand how consumers use the Web. For example, we may gather and use information on how members use various search engines or Web sites.
With Whom Do We Share Information?
Search Partners. If the Software includes search functionality, we may transmit our members' search queries to search partners, who use this information to provide us with search results and other information, which we then display to our subscribers.
Third-Party Merchant Partners. We may share information we collect with our third party merchant and advertising partners.
Research Partners. We use aggregate anonymous data regarding members' online behavior to better understand how consumers use the Web. To that end, we may use aggregated, anonymous online traffic behavior to report emerging Web usage trends to the press or to the public. For example, we might issue a press release stating that members tend to visit certain websites more often than others. We may also use this aggregated, anonymous information to develop reports for our clients so that they can better understand trends in online consumer behavior and how those trends relate to their businesses.
Licensors and Others. We may also share information with third parties who provide us with technology or help us perform a business function; to protect our rights, or if under a legal obligation.
How Do I Stop The Service?
You can stop the service by uninstalling the application from your computer. The only authorized means to uninstall the Software is to use the Add/Remove Programs facility in the Microsoft Windows Control Panel. After the removal of the Software, you will no longer be able to utilize the features of the Service.
Changes to this Statement