buySAFE Shopping Advisor 3.0.0

EULA - End User License Agreement

buySAFE Shopping Advisor End User License Agreement

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE YOU ALSO AGREE TO BUYSAFE PRIVACY POLICY TERMS (http://buysafe.com/legal_notices/privacy_and_security.html).

1. We grant you a non-exclusive, non-transferable license to install and use the buySAFE Shopping Advisor toolbar (the "Software") on computers owned or controlled by you for your own personal, non-commercial use, and to make copies of the Software for backup purposes.

2. This Software and any information or data provided through its use (the "Content") is protected by the patent and copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the Software and Content. You may not modify, publish, rent, sell, lease, sublicense, assign, market, or distribute the Software or the Content. You may not reverse engineer, decompile, or disassemble the Software, nor may a third party. Further, you may not access, create, or modify our source code in any way, nor may a third party.

NO WARRANTY

3. THE SOFTWARE AND CONTENT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SOFTWARE AND CONTENT AT YOUR OWN RISK.

4. buySAFE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR buySAFE''S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR buySAFE''S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY AND IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

USER CONTRIBUTIONS AND PRIVACY

5. buySAFE shall have the right to retain and use any comments or suggestions provided to buySAFE regarding the Software in current or future products or services, without further compensation to you.

6. The Software collects and sends the URLs that are visited to a buySAFE master database in order to look up merchants or items status and display the appropriate Shopping Rating. This look-up guarantees data freshness and accuracy and provides you with the merchant''s Shopping Rating and whether the merchant is a buySAFE Bonded Merchant.This information is collected only when Shopping Advisor is enabled in your browser.

7. As you use the Shopping Advisor, you may be required to create an account and to login to buySAFE services in order to access particular features. If you login to buySAFE services while using the Shopping Advisor, buySAFE may use your personal information in order to issue you a Bond and other benefits when purchasing from selected merchants. Your personal information will be used to identify you only during the purchase process and in order to let you know of certain benefits via email. We will not use this information for any other purpose. For further information, see our Privacy Policy available at buySAFE.com.

8. We never store personally identifiable information about where specific users go online or about what they do online. We collect non-personally identifying information your browser makes available whenever you visit a website. This log information may include a GUID, browser type, browser language, the date and time of your query. We do keep master anonymous logs of the sites our users visit and we use this information to operate, develop, and improve our services. We may also keep a log of user profiles and the sites which individual users visit, but profiles will not contain any personally identifiable information. For further information, see our Privacy Policy available at buySAFE.com.

9. If you decide to disable Shopping Advisor, you can use your browser functionality to disable Shopping Advisor. If you use Internet Explorer®, open the "View" menu, then select "Toolbars", and uncheck the "Shopping Advisor" menu item. If you use Mozilla Firefox™, open the "tools" menu, then select the "Add-ons" menu item and disable the Shopping Advisor add-on.

10. If you decide to uninstall Shopping Advisor, you may ordinarily remove software by these steps:
(a) If you are using a Windows® operating system, access the "control panel", select the "Add or Remove Programs" menu and select "Shopping Advisor". Then click on the "Change/Remove" button. Once the uninstall process is finished, you need to restart your computer to complete the full removal of all files.
(b) If you are using Mac OS and Mozilla Firefox, open the "Tools" menu and select the "Add-ons" menu item. Then select the "Shopping Advisor" add-on and click on "Uninstall".

LIMITATIONS ON LIABILITY

11. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE. YOU ALSO UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND CONTENT 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 THE SOFTWARE OR CONTENT.

GENERAL PROVISIONS

12. If any part of this Agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.

13. The Identity Theft benefit of the Shopping Advisor program is available only to residents of the United States, with the exception of residents of Minnesota.

14. Unless required by the specific jurisdiction''s laws, this Agreement, and all claims related to it, its execution or the performance of the parties under it, shall be governed by the laws of the Commonwealth of Virginia, without regard to the conflict of law provisions thereof and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

We reserve the right to add additional features or functions to the existing Software. When installed on your computer, the Software periodically communicates with our servers. We may require the updating of the Software on your computer when we release a new version of the Software, or when we make new features available. When updates are available, you will be notified and asked if you would like to update your software. You understand that we may require your review and acceptance of our then-current privacy policy and/or end user license agreement before you will be permitted a limited license for any subsequent versions of our Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Software.

[Updated December 11, 2008]