This is a legal agreement between the end user and FlashPeak. Use of SlimBrowser indicates your acceptance of these terms.
1. GRANT OF LICENSE. SlimBrowser is FREEWARE. You can install and use it on an unlimited number of computers. SlimBrowser is free for distribution in any form as long as it's kept in the original form.
2. PROPRIETARY RIGHTS. The SOFTWARE is owned exclusively by FlashPeak, and this license does not transfer any ownership of the SOFTWARE to you.
3. NON PERMITTED USES. You may not translate, reverse program, disassemble, decompile or otherwise reverse engineer the SOFTWARE.
4. NO WARRANTY. THIS SOFTWARE IS LICENSED TO YOU "AS IS," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FlashPeak DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.
5. LIMITATION OF LIABILITY. FlashPeak grants the license to the SOFTWARE hereunder and the END USER accepts the use hereof on an "AS IS" and "WITH ALL FAULTS" basis. Furthermore, the END USER understands and agrees that IN NO EVENT WILL FlashPeak OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE FOR SPECIAL OR CONSEQUENTIAL DAMAGES which might arise out of or in connection with the performance or non-performance of this Agreement or of the SOFTWARE hereunder, even if FlashPeak has been advised of the possibility of such damages, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS due to errors, inaccuracies, omissions, incompleteness or insufficiency of the SOFTWARE or materials, nor for the usefulness of the SOFTWARE to the END USER. In no event shall FlashPeak'S liability related to any of the SOFTWARE exceed the license fees, if any, actually paid by you for the SOFTWARE. FlashPeak shall not be liable for any damages whatsoever arising out of or related to the use of or inability to use the SOFTWARE, including but not limited to direct, indirect, the parties nevertheless agree that the court should endeavor to give effect to the partiesÆ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-15 and 18 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. Without limiting the foregoing, My Way Software Products and My WayÆs Services are not intended for use by or availability to persons under the age of 13.
BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE MY SEARCH TOOLBAR SOFTWARE PRODUCT (THE "MY SEARCH APPLICATION") AND/OR USING THE MY SEARCH APPLICATION YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS.
PRODUCT OVERVIEW: THE MY SEARCH APPLICATION IS A CUSTOMIZABLE BROWSER TOOLBAR WHICH ENABLES EASY ACCESS TO SEARCH RESULTS FROM THE BEST SEARCH ENGINES ON THE INTERNET IN JUST ONE CLICK. THE MY SEARCH APPLICATION IS ALSO HIGHLY CUSTOMIZABLE AND ALLOWS YOU TO CREATE YOUR OWN BUTTONS AND LINKS. IN ADDITION TO THE TOOLBAR, THE MY SEARCH APPLICATION ALSO ENHANCES YOUR BROWSER EXPERIENCE BY PROVIDING RELEVANT LINKS AND RESULTS IN RESPONSE TO MISSPELLED OR INCORRECTLY FORMATTED BROWSER ADDRESS REQUESTS.
THE MY SEARCH APPLICATION IS SPYWARE FREE AND NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR USE.
1. License Grant
Subject to the terms and conditions of this Agreement, My Search (also referred to "we", "us" or "our") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current version of the My Search Application (including all updates thereto) and (b) use the My Search Application(s) you download and install for your personal, non-commercial purposes.
2. License Conditions
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 any My Search Application or use any My Search Application for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the My Search Application, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to and may not create derivative works of the My Search Application. All modifications or enhancements to the My Search Applications remain the sole property of My Search. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the My Search Application at any time, and we may at any time suspend or terminate any license hereunder and disable the My Search Applications.
We reserve the right to add additional features or functions to the existing My Search Applications. When installed on your computer, the My Search Application periodically communicates with our servers. We may require the updating of the My Search Application on your computer when we release a new version of the My Search Application, or when we make new features available. 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 My Search Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the My Search Application.
3. Ownership
You acknowledge and agree that the My Search Application is licensed, not sold to you by Focus Interactive, Inc. d/b/a My Search. You acknowledge that the My Search Application, including all code, content, protocols, software, and documentation provided to you by My Search in conjunction with the My Search Application or our services are My Search's property or the property of My Search's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any My Search Application. All rights not expressly granted hereunder are expressly reserved to My Search and My Search's licensors. "My Search", "My Search", and "My Search Hub" are trademarks of Focus Interactive, Inc. All Rights Reserved.
4. Content and Infringement
You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the My Search Applications or our services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using an My Search Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will My Search be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the My Search Application.
We are not responsible for any content such as audio, video, text or any other, files owned by users of the My Search Applications. All of the My Search Applications are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the My Search Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all content made available or accessed through the My Search Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.
My Search respects and expects its users to respect the rights of copyright holders. On notice, My Search will act appropriately to remove content under our control that infringes the copyright rights of others. My Search reserves the right to disable the access to the My Search Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement at http://www.mysearch.com/jsp/terms.jsp.
5. Installation, Operation and Removal.
The My Search Application does not collect any unique information about you (such as your name, email address, etc.). Further, the My Search Application does not: (i) collect or report back to My Search any information about sites you visit on the Internet; (ii) collect or "screen-scrape" any search queries or information that you provide to any web sites; (iii) serve pop-ups when you are on other websites; or (iv) collect or report back to My Search any data regarding your computer keystrokes or other data unrelated to the services the My Search Application provides. My Search may obtain unique information about you through use of the My Search Application or website only if you specifically and knowingly provide such information in connection with personalizing the My Search Hub (an Internet portal which may be linked to from the My Search Application) or if you contact My Search directly with a question or comment.
In connection with the delivery of search services and content, the My Search Application does communicate with our servers and use cookies. All such activities are conducted strictly on a non-personally identifiable basis, as described in greater detail below.
The My Search Application, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the distribution source of the My Search Application used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords.
Importantly, all information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order, or to protect someone's safety.
My Search also uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a distribution source for each My Search Application. This information allows us to properly distinguish My Search Applications for purposes of compensating third parties who distribute our product and to analyze retention and usage on an aggregated basis. Second, the My Search Application uses cookies to store user preferences. For example, we use a cookie to record which search engine you have selected as your default provider. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order or to protect someone's safety.
The My Search Application also sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your My Search Application, as outlined above. Again, all of this information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences and providing us with data on an aggregated basis relating to retention, usage, and monetization.
The My Search Application is also subject to the My Search Privacy Policy, located at http://www.mysearch.com/jsp/privacy.jsp.
If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall any and all My Search Applications from your computer. You may uninstall or remove the My Search Application at any time by using the Windows add/remove programs function to remove the "My Search Bar" and "Search Assistant - My Search" programs, or following the instructions listed on our website at http://help.mysearch.com/searchbar.html#q4.
You understand, acknowledge and agree that the My Search Application includes software that allows us to distribute updates and fixes. Such updates will occur only upon prior notice to you, except for the limited case where notice is not possible due to technical problems or an emergency that requires us to update the application in order to maintain existing functionality or to comply with the law. All such updates shall be governed by and made in compliance with this Agreement and the My Search Privacy Policy.
6. Your Obligations
You represent and warrant that you are either the owner or an authorized user of the computer where the My Search Application is installed. The services described herein are subject to, and 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 My Search services and My Search Application.
7. Access and Interference
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our My Search Applications, services or content, except to remove our My Search Applications from a computer of which you are an owner or authorized user. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
8. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by My Search to download the software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE MY SEARCH APPLICATION OR SERVICES OFFERED BY MY SEARCH. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9. Disclaimer of Warranty
YOU ACCESS AND USE OF THE MY SEARCH APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITES AT YOUR SOLE RISK.
WE PROVIDE THE MY SEARCH APPLICATIONS AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR MY SEARCH APPLICATIONS OR OUR SERVICES.
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 MY SEARCH APPLICATIONS OR MY SEARCH'S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE MY SEARCH APPLICATIONS OR MY SEARCH'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE MY SEARCH APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY AND IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE MY SEARCH APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
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.
10. Termination
You may terminate this Agreement at any time by uninstalling and destroying all copies of the My Search Applications in your possession or control. We may terminate this Agreement, disable My Search Applications or cease providing any service at any time in our sole discretion.
11. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY SEARCH, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE MY SEARCH APPLICATIONS OR MY SEARCH SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MY SEARCH'S AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MY SEARCH PER USER OF THE MY SEARCH APPLICATION PER MONTH AS CALCULATED BY MY SEARCH BASED ON THE USE OF THE MY SEARCH APPLICATIONS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY MY SEARCH) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A MY SEARCH APPLICATION USER. THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS' FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH THE MY SEARCH APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING THE MY SEARCH APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF THE MY SEARCH APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF THE MY SEARCH APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.
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, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Export Controls
The My Search Application 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) Afghanistan, 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 My Search Application, 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.
13. Notice to Government End Users
Any My Search Application, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. section 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as 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.
14. Applicable Law
By accessing or using the My Search Application or our services, you agree that the substantive laws of the State of New York in the United States of America shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) any or all of the services or the My Search Application, and that such laws shall apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Westchester County, New York, with respect to all matters arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the My Search Service, any My Search Application or the My Search Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Arbitration
Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude My Search from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
16. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the My Search website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.
You agree that your continued use of any My Search Application or our services after the effective date of any change to this Agreement will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to uninstall@help.mysearch.com that you do not accept the successor Agreement and remove all of our My Search Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our My Search Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.
17. Order of Precedence
This Agreement and any accepted successor Agreement governs your use of our My Search Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional My Search Applications or services, conflicts with any provision of other agreements between you and My Search or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement
18. General
This Agreement, as modified from time to time as described above, and including the My Search Privacy Policy, Terms of Service and any other policies incorporated by reference, sets forth the entire understanding and agreement between the parties. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by My Search or acts as estoppel against later enforcement. Subject to the terms of the Order of Precedence set forth above, this Agreement constitutes the entire agreement between you and My Search with respect to the specific subject matter addressed herein, and governs your use of the My Search Application and our services, superseding any prior agreements between you and My Search or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with My Search or its affiliates or related entities pursuant to a registration to access additional software or services provided by My Search. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of My Search. My Search shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of My Search. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-15 and 18 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
The My Search Software and the Services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY MY SEARCH SOFTWARE AND YOU MAY NOT ACCESS MY SEARCH SERVICES.
