This user license agreement (the "AGREEMENT") is an agreement between you
(individual or single entity) and KaZaA-Download-Accelerator.com for the KaZaA Download Accelerator
software (the "SOFTWARE") that is accompanying this AGREEMENT.
The SOFTWARE is the property of KaZaA-Download-Accelerator.com and is protected by copyright laws
and international copyright treaties. The SOFTWARE is not sold, it is licensed.
TRIAL VERSION
If you accepts the terms and conditions of this AGREEMENT, you have certain
rights and obligations as follow:
YOU MAY:
1. Install and use an unlimited number of copies the TRIAL VERSION for
evaluation purpose.
2. Use one or more copies of the TRIAL VERSION for evaluation purpose only.
3. Copy and distribute freely the TRIAL VERSION (see 'DISTRIBUTION').
YOU MAY NOT:
1. Sublicense, rent or lease the TRIAL VERSION or any portion of it.
2. Decompile, disassemble, reverse engineer or modify the TRIAL VERSION or
any portion of it.
DISTRIBUTION:
You are hereby licensed to make as many copies of the TRIAL VERSION as you wish
and distribute it to anyone provided that all files are intact. You must
distribute the install form of the TRIAL VERSION (not the files resulting of an
installation). You are not allowed to sell the TRIAL VERSION (except for
shipment and handling charges). Computer's Magazines are authorized to
distribute it on any Cover Disk or CD-ROM without any permission. Please inform
us by e-mail each time you distribute the TRIAL VERSION.
WARRANTY DISCLAIMER
The SOFTWARE is supplied "AS IS". KaZaA-Download-Accelerator.com disclaims all warranties,
expressed or implied, including, without limitation, the warranties of
merchantability and of fitness for any purpose. The user must assume the entire
risk of using the SOFTWARE.
DISCLAIMER OF DAMAGES
KaZaA-Download-Accelerator.com assumes no liability for damages, direct or consequential, which may
result from the use of the SOFTWARE, even if KaZaA-Download-Accelerator.com has been advised of the
possibility of such damages. Any liability of the seller will be limited to
refund the purchase price.
===== IGetNet =====
OVERVIEW
We at iGetNet consider your privacy concerns to be of paramount importance. This Privacy Policy informs you about our practices that impact your privacy. By registering an IGN Keyword, visiting our website (at Keyword: iGetNet or www.igetnet.com), and/or using IGN Keywords to navigate across the Internet, you are accepting the practices described in this Privacy Policy. In this Policy, "we," "us," "our" and "ours" shall refer to IGETNET, LLC.
This Privacy Policy contains three distinct sections, depending on how you interact with us. It is possible that you fall into one, two, or even all three of these categories:
Registrant: You may be a customer of ours who registers an IGN Keyword.
Visitor: You may be a visitor to our website (at Keyword: iGetNet or www.igetnet.com).
End User: You may be an end-user of the iGetNet Navigation Service by your using IGN Keywords -- as they are integrated into browsers, search engines, and third-party software applications --to access particular web pages on the Internet.
Please refer to the sections of this Privacy Policy that apply to you, whether as a Registrant, Visitor, and/or End User.
Please note that this Privacy Policy does not address, and iGetNet is not responsible for, the information practices of other entities that sell IGN Keyword registrations or the various distribution partners (browsers, search engines, and third-party software applications) that offer IGN Keyword navigation.
DEFINITIONS
We believe it is helpful for you to know what we mean by the following terms:
Personally Identifiable Information: This is information that can be used to uniquely identify you such as your name, email address or mailing address. Anonymous Information: This is information that helps us understand how our website and navigation service are used, such as the type of browser, time of day, time spent on our website, and I.P. address. Anonymous information does not uniquely identify you and therefore is not personally identifiable information. Aggregated Information: This is statistical information that derives from the aggregation of personally identifiable information or anonymous information from numerous Registrants, Visitors, and/or End Users. For example, "10,000 Registrants are from California" and "the average visit to our website lasts 10 minutes" are aggregated information. Aggregated information does not identify you at all (anonymously or personally).
QUESTIONS AND CONCERNS
Our Privacy Policy applies to our Registrants and Visitors only. Because our End Users are not typically at our domain, they are not within the scope of our Privacy Policy. If you are a Registrant, Visitor or End User and have questions or concerns regarding our privacy practices, please contact our customer service department at www.igetnet.com/customerservice.
REGISTRANTS OF IGN KEYWORDS
This section of this Policy addresses ONLY our information practices with respect to the personally identifiable information WE collect from Registrants. However, we are only one of several entities that sell IGN Keyword registrations and collect personally identifiable information from Registrants; Registrants of IGN Keywords from entities other then iGetNet should consult the privacy policies of those entities.
Information We Collect from Registrants
Because it is necessary for the purposes of authentication, billing, and customer service, we collect personally identifiable information from each Registrant, including name, credit card information, email addresses and other contact information, and data. iGetNet does not knowingly collect any personally identifiable information from persons under the age of 13.
IGetNet's Use of Registrants' Information
iGetNet will use your personally identifiable information collected during the registration process in several limited instances:
Registration Transactions: With respect to Registrants, we share the minimum amount of personally identifiable information to our credit card intermediaries, that is required by those intermediaries to verify credit card transactions and to complete our secure, IGN Keyword registration payment process. Legal Requests: We will disclose whatever information we are required to disclose in order to comply with applicable law, or as may otherwise be compelled by legal or government authorities.
Direct Communications: We may also use your information to deliver information to you that, in some cases, is specific to your interests, such as email communications, renewal notices, new services and promotions. In every promotional e-mail communication we send, Registrants have the ability to unsubscribe to the list for future promotional emails. Internal Procedures and Improvements: The personally identifiable information you provide us with is available, through restricted access to certain iGetNet employees, for the purpose of providing customer service, completing billing procedures and for improving various internal efforts. These internal efforts include: our marketing, promotional and product strategies, our statistical analysis of our dll usage and our site's usage; our site content and product offerings; and customization of our site's content, layout, and services. We believe these limited uses allow us to improve our website and our services to better meet your needs, while still maintaining the confidence of your personally identifiable information. In addition, we do not make your credit card number available to any of our employees except those employees that are involved with processing credit card transactions or need system wide access.
Promotions and Contests: When you enter a contest or promotion sponsored by iGetNet and/or our partners, we ask for your contact information so that we, or our partners, can administer the contest or promotion, and notify winners.
Sharing of Registrants' Information With Third Parties
iGetNet does not share Registrants' information with third parties except in the following circumstances:
Disputes: Your name and contact information will be available, through a publicly accessible database or other reasonable means, to third parties considering and filing disputes over your Keyword(s) and to any organization or arbitrators involved in resolving that dispute. Legal Requirements: We will disclose your information to the extent it is necessary for iGetNet to comply with subpoenas and other court orders.
Other Registrars and Resellers of Keywords: If we received your personally identifiable information from another entity that sells IGN Keywords, we will share your information with such entity.
Sale of Company: If iGetNet is ever sold, then your information will of course become known to the new owners.
Sharing of Aggregated Data
We share aggregate information about Registrants with third parties, such as advertisers or partners, for marketing and promotional purposes. However, we do not disclose any personally identifiable information about you to any third party without your permission.
Contact Information
As Registrants, you are required to provide us with all of your contact information during the registration process. You must promptly update your information if it changes.
Security of Your Personally Identifiable Information
Because protection against loss or theft of data is of great importance to us, iGetNet follows the industry standard of safeguarding your confidential, personally identifiable information through a Secure Socket Layer (SSL). The SSL, in encryption format, exists so that whenever personal, credit card or other identifiable information is transmitted to or from our site, it is secure. However, although we employ industry standard encryption techniques to safeguard personal information, you should be aware that "perfect security" does not yet exist on the Internet and that no encryption technology is immune from failure. In addition, your account information is password protected in order to protect your information from misuse or alteration.
VISITORS TO WWW.IGETNET.COM
No Information Collected from Visitors
If you are a Visitor to our site (but not a Registrant), we do not collect any personally identifiable information from you.
Cookies
When you connect to our web site, we place a cookie on your computer. Cookies are small files, which are stored on your hard drive and not on our site. The use of cookies is an industry standard, used by most major web sites to improve their services. We use cookies because they allow us to identify you without your having to constantly log in. Cookies also help us track your use of our site so that we can tailor our site for better efficiency and to better match your needs and interests. This allows us to better understand how members use our site, which in turn helps us improve our services to our members. You can turn off cookies in your browser, but some parts of our site may not work properly if you do so.
Sharing of Aggregated Data
We reserve the right to provide reports to various third parties of our site usage. Such reports include statistics, which are based upon the aggregate information collected from all Visitors.
END USERS OF THE IGETNET NAVIGATION SERVICE
Information We Collect from End Users
If you are an End User, none of your personally identifiable information is obtained or otherwise collected by iGetNet. However, as End Users navigate using IGN Keywords they must pass through our servers and in those servers we log anonymous information such as the IGN Keyword used, IP address, type of browser, and time the IGN Keyword is used. We collect this information in order to aggregate it into reports about our service.
Sharing of Aggregated Data
We reserve the right to provide reports to various third parties of our service usage. Such reports include statistics are based upon the aggregate information collected from all End-Users.
ADDITIONAL INFORMATION
iGetNet reserves the right to change this Privacy Policy at any time. In the event we change our information usage practices in a way affecting your personally identifiable information, we will post a prominent notice on our website. In the event that we do change this Policy, the policy in place at the time of use will govern use of your data.
Copyright 2002 iGetNet All rights reserved IGN Privacy Policy
===== n-CASE =====
PLEASE agree to install the n-CASE software. You'll get interstitial ads on occassion while you surf the Internet. They WON'T slam you with ads while you're just downloading music, playing games or chatting. They WON'T annoy you with irrelevant advertising either.
n-CASE will also collect some information about you, but NOT your name, address or even your email address! You can read more about that below. Help us out and we can keep improving our program!
By installing n-CASE, you grant permission for 180Solutions to occassionally display interstitial advertising and to collect non-personally identifiable information about you, including the websites you visit while connected to the Internet.
180Solutions is very concerned about your privacy. 180Solutions does NOT collect any personally identifiable information about you - no names, addresses or email addresses. To find out more about the data that 180Solutions does collect and how this data is used, please visit the 180Solutions website at http://www.180solutions.com/n-case/privacy.htm.
By clicking "Next", you agree to the statements above, as well as the terms of the Privacy Policy for n-CASE as published on the 180Solutions website.
===== BargainBuddy =====
ABOUT BARGAIN BUDDY
Bargain Buddy is installed on your computer and delivers relevant contextual information to you in the form of advertisements based on URLs and/or search terms you enter when navigating the Internet.
Bargain Buddy does not obtain personal information from you. We do not transmit or collect your browsing activity and do not store any of information that records your browsing behavior. On a daily basis, Bargain Buddy collects only aggregate statistics about the URLs and search terms you enter. Bargain Buddy does not build up a profile for you or attempt to correlate demographic or personal information.
By downloading the Bargain Buddy, you accept the Bargain Buddy License Agreement, which gives eXact Advertising LLC permission to display relevant contextual information. It is our strict policy to distribute Bargain Buddy only to users who have been provided the Bargain Buddy license agreement. If you believe you have received Bargain Buddy without the license agreement being provided, please let us know at bargainbuddy@mail.com .
Bargain Buddy protects user privacy and does not require personally identifiable information. Our privacy policy is always displayed when users install Bargain Buddy. Below is an excerpt from the Bargain Buddy privacy policy:
If you want to uninstall Bargain Buddy, you can do so easily through the add/remove function in your control panel. You can access your control panel by going to: (1) START (the button in the bottom right of your computer) 2) Choose SETTINGS 3) Choose CONTROL PANEL 4) Choose ADD/REMOVE PROGRAMS 5) Select BARGAIN BUDDY 6) Click on ADD/REMOVE.
Of course we encourage you to leave it on so that you can benefit from the occasional offers that it shows you. If you need more information, or experience any technical problems, please contact us at bargainbuddy@mail.com.
Copyright c2002 eXact Advertising LLC. All Rights Reserved.
LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING BARGAIN BUDDY (THE "SOFTWARE") PROVIDED BY EXACT ADVERTISING LLC USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. EXACT ADVERTISING LLC RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.
The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.
Bargain Buddy 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.
Disclaimer of Warranty
You expressly agree that the use of this software is at your own risk. The software is provided on an "As Is" basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. eXact Advertising LLC reserves the right to periodically update and/or upgrade the software at the company's discretion. Your installation of the software indicates your acceptance of potential future updates and/or upgrades to the software. The information and services provided by the software and/or eXact Advertising LLC are similarly provided on an "As Is" basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the software and or eXact Advertising LLC should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services.
Privacy
By downloading Bargain Buddy you give permission to eXact Advertising LLC to display relevant contextual information and offers. In order to provide Bargain Buddy users with such information, Bargain Buddy delivers content based on the URL visited by the user and/or search terms entered by the user into a search engine and/or content on the web page being viewed by the user. Bargain Buddy does NOT assemble personally identifiable profiles of Bargain Buddy users and personally identifiable information is not required in order to use the Bargain Buddy software. eXact Advertising LLC may update it's privacy policy and license agreement for Bargain Buddy at any time at the discretion of the company.
Limitation of Liability
To the maximum extent permitted by law, in no event will eXact Advertising LLC or its agents be liable for any damages arising from the use of or inability to use the software, including, without limitation, damages to users' systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.
===== Ebates =====
Terms & Conditions
Ebates Moe Money Maker
IMPORTANT
Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Ebates Shopping Discount Program (the "Program") or downloading the Moe Money Maker?, a product of TopMoxie. This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), or by downloading, installing and/or utilizing the Moe Money Maker?, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Ebates with your valid email address and a password in which to access your account. Downloading, installing, and/or utilizing the Moe Money Maker does not confer the status of "Member" until the Moe Money Maker? user completes the Enrollment process. By agreeing to Ebates' terms and conditions, you also agree to the terms and conditions of Ebates' Moe Money Maker? software provider TopMoxie. For TopMoxie's complete terms and conditions, click here. Participation in the Program and its benefits are offered at the discretion of Ebates, and Ebates has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
ELIGIBLITY
1. You must be an individual, 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Ebates. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the Ebates Web site (http://www.ebates.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Ebates is not responsible for your inability to connect to the Internet, log into the Ebates Web site, or access your Ebates account.
4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Ebates. Refusal to abide by this or any other rules may result in Ebates stripping you of referrals and/or canceling your membership.
ACCRUAL OF DISCOUNTS
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with Ebates (an "Affiliated Merchant"). The percentage will be enumerated on the Ebates Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with Ebates and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through Ebates Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a discount if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Ebates Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. Individuals who download the Moe Money Maker may on occasion be excepted from the terms of section 6(2), as their browser will in some instances link directly to the merchant through the correct link. The Moe Money Maker is only a shopping reminder service provided by Ebates; for reliability of tracking we recommend you start your shopping trip at the Ebates.com website. 3) Ebates may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. All purchases must be started and completed in one shopping session within the Ebates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate.
7. The determination of whether or not a purchase made through an Ebates Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Ebates.
8. "Account Activation" is completed upon the making of a Qualified Purchase at any Ebates merchant site. In case of return or cancellation, Ebates retains the right to reverse account credit. Completed offers in the More Cash section of the site are not Qualified Purchases, and will not fulfill Account Activation.
9. Discounts awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Ebates at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of discounts, depending on the amount of discounts you accrue and the tax laws of federal, state, and local jurisdictions. Ebates may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of discounts.
11. The following purchases are not eligible for accrual or payment of discounts: Dell Computers: any purchase of Dell products and services in which the transaction is substantially completed by telephone or by a Dell salesperson. Priceline.com: only purchases of airline tickets and hotel reservations qualify for a discount. Prescriptions from all merchants are not eligible as well, due to Federal/State laws and regulations. Monthly Deliveries, such as Wine-of-the-month clubs and Pet foods, are not eligible for a discount unless all months are paid for up front through Ebates. Gift Certificates that are purchased at any of our merchants, with the exception of Spa Wish, are also not eligible for a discount. Referral and affiliate revenues will not include a percentage of monies placed in member discount accounts resulting from a special promotion. Most purchases that are picked up at a warehouse or a store location do not qualify for a cash discount.
12. It is your responsibility to check your account regularly to ensure that discounts have been properly credited and that your account balance is accurate. If you do not believe that a discount has been correctly credited to your accout you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact Ebates Customer Care. Furthermore, all discounts earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Ebates at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. Ebates reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
13. Ebates is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of discounts caused by such changes, discontinuance, or withdrawal. Ebates is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Ebates site, we cannot guarantee that you will be eligible to receive an Ebates discount on your purchases.
14. The following promotions have been terminated as of October 18, 2001: - All Yahoo promotions dated May 1 - August 31, 2001 - All eTour promotions dated May 1 - August 31, 2001 - All LifeMinders promotions dated May 1 - August 31, 2001 Any purchases made after October 18, 2001 will not apply to these promotions, and no further promotional rewards will be paid.
PAYMENT SCHEDULE
15. Money earned through the referral program will be paid along with regular discounts. Continued payments of referral monies will be made at the sole discretion of Ebates. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs.
16. Accrued discounts will be dispersed to the Members on or around August 14th, November 15th, February 15th, or May 15th. In order for an accrued discount to be eligible for payment on the above dates, the Qualified Purchase must occur 45 days prior to the payment date (by June 30th for a August 14th payment, September 30th for an November 14th payment, December 31st for a February 15th payment, March 31st for an May 15th payment). Note that orders from Dell Home Systems (Computers), Dell Home Systems Software and Peripherals, and Dell Small Business will post to accounts immediately. However, due to the 45 day return policies of these merchants, discounts will only be paid out 60 days after purchases are posted to members' accounts. Qualified purchases from all other merchants which occur within the 45 day cutoff period will be paid on the payment date subsequent to the next payment date.
17. It is your responsibility to keep your account information current in order to facilitate the payment of your discounts. In the event that your information is not current at the time of payment, you forfeit all accrued discounts to Ebates.
ACCOUNT ACCESS AND PASSWORD
18. Upon registration for the Program, you will select a password that will allow you to access your Ebates account (via the Ebates Web site) to verify transfers, check account balances, and modify your account information.
19. You must be logged into Ebates and enter your password to access your account. You may check your account status and recent earning history at any time you are able to access the Ebates Web site.
20. Ebates is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Ebates is not responsible for any credits or debits made to your account by someone else who uses your password.
DOWNLOAD AND INSTALL OF MOE MONEY MAKER SOFTWARE
21. In downloading and/or installing the Moe Money Maker Software, you agree to the following:
1)Ebates and its agents may pop up brief alerts when you can save money by shopping through Ebates or by using the Moe Money Maker Software. 2)Ebates may direct your traffic to the merchant of your choice. This may be done a)by presenting a choice in a pop up alert asking whether you wish to save by shopping through Ebates, thereby directing your browser through Ebates in order to ensure you earn a reward, or b)by automatically routing you through Ebates and automatically earning you a cash-back discount with no further action on your part being necessary. 3)Ebates may disable or uninstall any other product or software tool that might interfere with the operability of the Moe Money Maker Software or otherwise preempt or render inoperative the Moe Money Maker Software in a manner that might jeopardize the ability of Ebates to earn you cash back discounts or coupon savings offered by Ebates. In installing the Moe Money Maker Software, you authorize Ebates to disable, uninstall, or delete any application or software that might, in Ebates' opinion nullify its function and put you at risk of loosing the cash-back savings that Moe Money Maker Software is designed to earn you. 4)If you would like to utilize another savings tool, you can simply uninstall the Moe Money Maker Software before installing a competitive application. The Moe Money Maker Software can be easily uninstalled through the standard 'add or remove programs' control panel, or through the Moe Money Maker's preference settings.
NONTRANSFERABILITY
22. No discounts earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by Ebates in writing. The sale or barter of any such discount, other than by Ebates, is expressly prohibited. Accrued discounts do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any discounts assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of discounts from his or her account, and/or liability for damages and litigation and transaction costs.
DISCLOSURE OF ACCOUNT INFORMATION
23. You authorize Ebates to disclose to third parties information you have provided, or information that Ebates has obtained about your Ebates account or shopping behavior: (i) to agents of Ebates or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your discounts. Further, you authorize Ebates to receive any account information from any Affiliate Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Ebates. If you choose to download the Moe Money Maker?, you allow Ebates to collect, use and sell non- personalized marketing information regarding your visits and purchases to internet commerce sites.
DISCLAIMER
24. THE EBATES PROGRAM AND THE MOE MONEY MAKER? ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
25. EBATES DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH EBATES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE EBATES WEB SITE, EBATES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, EBATES DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND EBATES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE., INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE DISCOUNTS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
LIMITATION OF LIABILITY
26. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH EBATES HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF EBATES OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY EBATES. IN NO EVENT SHALL EBATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY EBATES IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE MOE MONEY MAKER? SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE MOE MONEY MAKER? SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF EBATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
27. MEMBER AGREES TO INDEMNIFY AND HOLD EBATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
TERMINATION OR CHANGES TO THE PROGRAMS
28. Ebates reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem discounts in your account. Notification of Program termination will be sent to the email address you provide to Ebates during the registration process. Ebates will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Ebates, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Ebates of a change in your email address.
TERMINATION OF MEMBERSHIP
29. Ebates may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the Ebates Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
DISPUTES/ERRORS
30. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of discounts, or any misrepresentation of any information furnished to Ebates or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Ebates account and/or forfeiture of your accrued discounts.
MISCELLANEOUS
31. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of discounts for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to Ebates at: Customer Service, Ebates Inc., 5 Thomas Mellon Circle, Suite 225, San Francisco, CA 94134, or email us at customerservice@ebates.com. Any such disputes shall be resolved by Ebates at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Ebates. In the event that an error is made by Ebates, your sole remedy shall be the credit of the disputed discount to your Ebates account.
32. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Ebates website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Ebates' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Ebates and the Affiliated Merchants or between Ebates and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on Ebates' behalf. This Agreement constitutes the entire agreement between you and Ebates with respect to the Program.
