<p>We will provide the Webaroo Service (“Service”) and related software
(“Software”) to you subject to the terms of this Service and License
Agreement. By using the Service or Software, you agree to be bound by
this Agreement and use the Service and Software in compliance with this
Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
USE THE SERVICE OR SOFTWARE.
The terms “you,” “your,” and “yours” refer to you, the customer using
the Service or Software. The terms “Webaroo,” “we,” “us,” and “our”
refer to Webaroo Inc. We may periodically make changes to this Service
and License Agreement. It is your responsibility to review the most
recent version of our Service and License Agreement frequently and
remain informed about any changes to it.</p>
<p><strong>Account Registration</strong></p>
<p>
At this time we do not require you to enter any personal information
when downloading and using the Service.</p>
<p>
Only you are authorized to use your account to use the Service and
conduct other activities with us. You are responsible for all
activities that occur through your account. Please notify us
immediately of any unauthorized use of the Software or Service or any
other breach of security.</p>
<p>
The Service and Software is not intended for or directed to persons
under the age of 13. If you register for an account with us, you
represent to us that you are 13 years of age or older.</p>
<p><strong>Fees</strong></p>
<p>
As of the date stated above, the Service and Software are provided to
you free of charge. We reserve the right to change our fees or billing
methods at any time by providing you notice of any change at least 30
days in advance. If any change is unacceptable to you, you may
terminate your account by responding to our notice within 30 days of
receipt.</p>
<p><strong>
Termination</strong></p>
<p>
You have the right to terminate your account at any time. Termination
of your account is your sole right and remedy with respect to any
dispute with us regarding the Service, the Software, or this Agreement.</p>
<p>
We may terminate your account at any time for any reason by providing
you with notice in any reasonable manner, including via email and via
notices posted on the Service.</p>
<p>
Your rights under this Agreement will terminate automatically if you
breach any part of this Agreement.</p>
<p><strong>Access to the Service/ Modifications to the Service</strong></p>
<p>
We do not provide you with the equipment to access the Service or use
the Software. You are responsible for all fees charged by third parties
to access the Service (e.g., data charges by wireless carriers). The
Service includes functionality that uploads non-personal portions of the
content that users download from the Service to the network to speed
operation for all users. By agreeing to this license and using the
Service, you understand that this functionality is an integral part of
the Service.</p>
<p>
We reserve the right to modify or discontinue, temporarily or
permanently, all or a part of the Service without notice. We will not
be liable to you or to any third party for any modification, suspension,
or discontinuance of the Service, except that you are only entitled to a
prorated refund representing the unused (as of the date of termination)
portion of any subscription fees that you have paid in advance if we
permanently discontinue the Service.</p>
<p><strong> Restrictions </strong></p>
<p>
You must comply with all applicable laws, including U.S. export control
laws, when using the Service and Software. Except as may be expressly
permitted by applicable law or authorized by us in writing, you will
not, and will not permit anyone else to: (a) store, copy, modify,
distribute, or resell any of the information; audio, visual, and
audiovisual works; or other content made available through the Service
or Software (“Service Content”) or compile or collect any Service
Content as part of a database or other work; (b) use any automated tool
( e.g., robots, spiders) to use the Service or store, copy, modify,
distribute, or resell any Service Content; (c) rent, lease, or
sublicense your access to the Service to another person; (d) use the
Service, Software, or Service Content for any purpose except for your
own personal use; (e) circumvent or disable any digital rights
management, usage rules, or other security features of the Service or
Software; (f) use the Service or Software in a manner that threatens the
integrity, performance, or availability of the Service; or (g) remove,
alter, or obscure any proprietary notices (including copyright notices)
on any portion of the Service, Software, or Service Content. </p>
<p><strong>License to Software</strong></p>
<p>
Subject to the terms of this Agreement, we grant to you a limited,
personal, non-exclusive, non-transferable license to (a) install and use
one copy of the Software on a single personal computer and (b) install
and use one copy of the Software on a single mobile device, in each case
solely to use the Service to the extent you have the right to access the
Service. Your right to access the Service will be limited by the terms
of this Agreement.</p>
<p>
Except for this license granted to you, we retain all right, title, and
interest in and to the Software, including all related intellectual
property rights. The Software is protected by applicable intellectual
property laws, including United States copyright law and international
treaties.</p>
<p>
Except as otherwise explicitly provided in this Agreement or as may be
expressly permitted by applicable law, you will not, and will not permit
or authorize third parties to: (a) reproduce, modify, translate,
enhance, decompile, disassemble, reverse engineer, or create derivative
works of the Software; (b) rent, lease, or sublicense the Software; nor
(c) circumvent or disable any security or technological features or
measures in the Software.</p>
<p><strong>Privacy Policy</strong></p>
<p>
We may collect registration and other information about you through the
Service and Software. Our collection and use of this information is
governed by the Privacy Policy available at <a href="http://www.webaroo.com/privacy-policy">www.webaroo.com/privacy-policy</a>.</p>
<p><strong>Links and Third Party Content</strong></p>
<p>
The Service and Software will enable you to store third party content
(e.g., web pages) and may contain links to third party products,
services, and websites. We exercise no control over the third party
content, products, services, and websites and we are not responsible for
their performance, do not endorse them, and are not responsible or
liable for any content, advertising, or other materials available
through the third party content, products, services, and websites. We
are not be responsible or liable, directly or indirectly, for any damage
or loss caused to you by your use of or reliance on any goods or
services available through the third party content, products, services,
and websites.</p>
<p><strong>Disclaimer of Warranties</strong></p>
<p>
YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT IS AT YOUR SOLE
RISK. SERVICE, SOFTWARE, AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. WEBAROO EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF THE SERVICE CONTENT, AND YOU RELY ON THE
SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL
THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM WEBAROO OR THROUGH OR FROM THE SERVICE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME
STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE.</p>
<p><strong>Limitation of Liability </strong></p>
<p>
WEBAROO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WEBAROO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE
CONTENT. UNDER NO CIRCUMSTANCES WILL WEBAROO'S TOTAL LIABILITY OF ALL
KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT
LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF
WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE,
EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBAROO FOR THE SERVICE OR
SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.</p>
<p><strong>
Copyright Infringement</strong></p>
<p>
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please see the Copyright information provided on our
web site for problem resolution.</p>
<p><strong>Indemnity</strong></p>
<p>
You will indemnify and hold Webaroo, and its subsidiaries, affiliates,
officers, agents, and employees, harmless from any costs, damages,
expenses, and liability caused by your use of the Service, Software, or
Service Content, your violation of this Agreement, or your violation of
any rights of a third party through use of the Service, Software, or
Service Content.</p>
<p><strong>
Updates to this Service and License Agreement</strong></p>
<p>
We may occasionally update this Service and License Agreement. When we do, we will update the “last updated” date on the Service and License Agreement. You should check this Service and License Agreement
frequently to see recent changes. By continuing to use your account,
the Service, or Software, you consent to any updates to this Service and
License Agreement. This version of the Service and License Agreement
supersedes all earlier versions.</p>
<p><strong>Legal Notices</strong></p>
<p>
This Service and License Agreement is governed by the laws of the State
of Washington, excluding conflicts of law principles. Any legal
actions against us must be commenced in the State of Washington within
one year after the claim arose. You consent to the exclusive
jurisdiction of the state and federal courts located in King County,
Washington.</p>
<p><strong>Contacting Webaroo</strong></p>
<p>
If you have any questions or concerns about this Service and License
Agreement or the Service or Software, please send us a thorough
description by email to <a href="mailto:support@webaroo.com">support@webaroo.com.</a></p>
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<h3 style="margin-top:0;">Privacy Policy</h3>
<p>
Webaroo Inc. (“Webaroo”) operates a website offering online Internet
search capabilities (the “Webaroo website”) and offers software
providing offline Internet search capabilities (“the Webaroo software”).
Webaroo takes the privacy of personal information obtained via the
Webaroo website and the Webaroo software very seriously. This Privacy
Policy describes what information we gather from you, how we use that
information and what we do to protect it. By using the Webaroo website
or the Webaroo software, you are expressly consenting to the use and
disclosure of information provided to Webaroo as described in this
Privacy Policy.</p>
<p>
We do not install spyware or adware on your computer.</p>
<p><strong>
Information We Gather</strong></p>
<p>
At this time, neither the Webaroo website nor the Webaroo software
collects any personally identifiable information about users. We do not
ask you for names, email addresses or other contact information as a
condition of using our website or our software. We do automatically
recognize usersΓÇÖ IP addresses and related transactional information
concerning visitors to our site. We also collect non-personal
information on both the use of our website and the use of our software.
This information includes things like searches performed, pages accessed
and advertisements. While the information is not personally
identifiable, it is associated with a particular copy of our software.
That way, we can better target search results and advertisements to
users of the software based on their interests. We also aggregate this
information to provide reports to our advertisers and to websites that
are accessed through the software.</p>
<p>
In the course of communicating with Webaroo, you may provide us with
personal information, such as information on how to contact you. While
Webaroo may retain that information and use it to contact you regarding
the companyΓÇÖs offerings, we do not associate this information with other
information concerning your use of the website or software.</p>
<p><strong> Children </strong></p>
<p>
The Webaroo website and software are not intended for or directed to
persons under the age of 13. Webaroo does not knowingly collect personal
information from children under 13.
</p>
<p><strong>Cookies</strong></p>
<p>
As you browse the Webaroo website, cookies are placed on your computer's
hard drive. (Cookies are small pieces of data that are sent to your
browser from a Web server and stored on your hard drive for record
keeping purposes). We use cookies on our website to store user
preferences and provide better service when users return to the Webaroo
website. We also use them to ensure that users are not repeatedly sent
the same banner ads, and to customize website content based on usersΓÇÖ
browser type or other information that the user sends. Our Cookies in
and of themselves do not personally identify users, although they do
identify a user's computer. Most browsers are initially set up to accept
cookies. <em>If you prefer, you can set your browser to refuse cookies, and
you will still have full use of the Webaroo website. </em></p>
<p><strong>Disclosure of Information to Third Parties</strong></p>
<p>
Webaroo may share aggregated information with third parties about the
activities of users of its site and software. For example, we may tell
an advertiser that its message was displayed to 5,000 users in a given
month and that 500 of those users clicked on the ad. We may supply
similar information to websites accessible through the Webaroo website
or software. For example, we may tell a popular restaurant guide, that
250 users a day access their website while offline. These disclosures do
not reveal any personally identifiable information to the extent we
possess any.</p>
<p>
Separately, we may share information, including any personally
identifiable information, with third parties when we believe we are
required to do so by law, or we believe it is necessary to safeguard
Webaroo or its usersΓÇÖ rights or property.</p>
<p>
Finally, we may transfer information, including any personally
identifiable information, to a successor entity in connection with a
corporate merger, consolidation, sale of assets or other corporate
change regarding our website.</p>
<p><strong>Removal from Contact Lists</strong></p>
<p>
As noted, you may supply Webaroo with information on how to contact you
during your visits to our website, and we reserve the right to use that
information to contact you concerning the companyΓÇÖs products and
services. If you do not want to be contacted by us in the future, please
let us know by sending us an email to <a href="mailto:privacy@webaroo.com">privacy@webaroo.com</a>
or by writing to us at our corporate offices, attention privacy.</p>
<p><strong>Security</strong></p>
<p>
Webaroo takes information security very seriously and uses reasonable
administrative, technical and managerial measures to protect your
personal information from unauthorized access. Unfortunately, no
security system can be guaranteed to be 100% secure. Accordingly, we
cannot guarantee the security of your personal information and cannot
assume liability for improper access to it. If Webaroo learns of a
security systems breach through which sensitive personal information may
have been compromised we may attempt to notify you electronically so
that you can take appropriate protective steps. You agree that we can
communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of this site.</p>
<p><strong> Changes to the Privacy Policy </strong></p>
<p>
This policy is effective as of March, 2006. As we update and expand our
services, we may make changes to this policy. If the changes result in
materially less protection for your personal information than that
provided in this policy, we will make reasonable efforts to contact you
and obtain your consent to the changes</p>
<p><strong>Questions</strong></p>
<p>
If you have any questions, comments or concerns about this Privacy
Policy, you may contact us by mail at the following address:</p>
