IMPORTANT: READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING THE VALUESPEED SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE.
LICENSE AND TERMS OF USE
ValueSpeed, Inc. ("VALUESPEED") offers the user the following:
1. Client software, downloadable to the user's computer, which enhances web browsers through the addition of a "COMPARISON" button that allows consumers to compare prices with one click wherever they are shopping on the Internet (the "Software").
2. A web site enabling access to the Software ("Web site").
The Software and the Web Site are provided on an "AS IS, AS AVAILABLE" basis, for your private personal uses only, without warranty of any kind. By using the Software and/or the Web Site, you are agreeing to the following License and Terms of Use ("License and Terms of Use").
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE AND TERMS OF USE, THE VALUESPEED SOFTWARE AND WEB SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND. VALUESPEED HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PROPRIETARY RIGHTS.
Modifications to the License and Terms of Use
VALUESPEED reserves the rights to modify this License and Terms of Use at any time. A revised License and Terms of Use will take effect 10 days after a notice of the availability of a new License and Terms of Use appears on the Web Site, or a new downloadable version of the License and Terms of Use is made available on VALUESPEED's servers for download by users. New versions or upgrades of the Software may include a new License and Terms of Use, which will enter into effect immediately upon a user's download of such Software or agreement to such License and Terms of Use.
License
If you manifest your agreement to this License and Terms of Use by clicking the "Acknowledge" button below, VALUESPEED grants you a non-exclusive, non-transferable license to use the Software, subject to the terms and conditions herein. You may not use the Software on more than one computer or distribute the Software to any third party.
Copyright and Other Intellectual Property Rights
The Software and Web Site contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by VALUESPEED. Other than as expressly provided herein, your use of the Software and/or the Web Site does not create a license or any other rights in VALUESPEED trademarks, service marks, copyrights, patents, trade secrets or any other intellectual property or proprietary rights. You may download or copy the content of the Software solely for your own personal use, provided that you maintain all copyright and other notices contained in the content.
You may not publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or the Web Site or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor may you attempt to create the source code from the object code for the Software.
Use of and Access to the Web Site and Software
By using the Software and/or the Web Site, you agree not to use or rely on them or any other program, information or service whatsoever related thereto for "mission critical" or "content sensitive" applications and use. "Mission critical" applications and use shall mean applications and use that may result in damage if they fail; "Content sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users or advertisers and information that might cause damage once Internet users or advertisers are exposed to it.
Access to the Web Site, or parts thereof, granted to you or any other user, can be terminated, limited or denied at any time, temporarily or permanently, with no prior notice. The VALUESPEED Web Site's functionality may be changed, reduced or limited at any time. VALUESPEED may elect to grant different grades of service, different levels of access or no access at all and different priorities to different users or to different functions, at any time without prior notice, at its sole discretion. VALUESPEED may at any time cancel, change, hold, or introduce different types of software, services or information to different users.
Changes, updates, modification in grade of service, data and information provided by VALUESPEED and stored in the Software may be updated from time to time in the background without notification, upon connection of the Software to the VALUESPEED servers. VALUESPEED may remotely limit, deny or cancel some or all of the functionality of this Software at any time, without prior notice.
By using the Software and/or the Web Site, you agree to: (1) determine whether the information it supplies complies with your needs; (2) determine whether you have adequate legal rights to access, retrieve, search, store, reproduce or otherwise make use of information you wish to use; and (3) comply with legal obligations, including but not limited to, obligations imposed by copyright, third party terms of service, secrecy, defamation, decency, privacy and export laws.
VALUESPEED does not want to receive any confidential, secret or proprietary information or material from you through VALUESPEED's Web Site, mail and/or e-mail address, or in any other manner. ANY INFORMATION OR MATERIAL SUBMITTED OR SENT TO VALUESPEED WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET. By submitting or sending documentation, information or other material to VALUESPEED you: (1) warrant that you have no rights of any kind to the materials or the content thereof and that to the best of your knowledge no other party has any rights to the materials or their content; and (2) grant VALUESPEED an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials, and you further agree that VALUESPEED is free to use any ideas, know-how, concepts or techniques you send to VALUESPEED for any purpose.
You acknowledge that you are aware that by using the Web Site and/or Software, you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, or other security or privacy hazards.
Representation and Warranty Disclaimers
VALUESPEED does not warrant or guarantee that the functions performed by the Software will be uninterrupted or error-free or that defects in the Software will be corrected. VALUESPEED does not undertake to notify the user about bugs, errors, inaccuracies, and/or defects in the Software or the Web Site. The Software functionality may be affected by factors determined by the user's site, network, communication, firewall, etc., and the Software cannot therefore be guaranteed to function for all users.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM VALUESPEED IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE DOWNLOAD OR OTHER ACQUISITION OF SUCH SOFTWARE, MATERIAL AND DATA.
VALUESPEED does not represent or warrant: 1) that any update of information transmitted to the Software will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; or 2) that the information will not contain adult-oriented material, or material which some individuals may deem objectionable. It is the sole responsibility of the user to isolate the Software, make use of anti-contamination software and otherwise take steps to ensure that the Software or information provided by the Software, if contaminated or infected, will not damage the user's system. VALUESPEED WILL NOT BE RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION.
VALUESPEED is not responsible for any damages whatsoever, and in particular, VALUESPEED shall not be responsible for direct, indirect, special, punitive, incidental, or consequential damages, or damages for lost profits, loss of revenue, loss of use, lost data, lost opportunity, or any other commercial or other damages, arising out of or related to the use, reliance on, inability to use, performance, or non-performance of the Software or the information, data or merchandise that appears on, or is linked or related in any way to the Software or Web Site, whether such damages arise from contract, negligence, tort, or otherwise, even if VALUESPEED has been advised of the possibility of such damages.
The VALUESPEED Software relies upon various third party price comparison services to perform product price comparisons. VALUESPEED does not guarantee that the price comparison and other information provided by the Software or the Web Site, whether the information is obtained from third parties or originates with VALUESPEED, will be complete, accurate, reliable, up-to-date, not misleading, trustworthy, or that the Software will be able to provide price comparison information for any particular product. VALUESPEED does not examine the credibility, reliability, integrity or trustworthiness of the vendors, manufacturers, shops, shippers, reviews or opinions related to any of the products that the user may purchase and therefore makes no representation or warranty regarding the products, sources or shippers, nor does it endorse any opinion, review or comparison of products that are display through use of the Software.
The Software automatically produces search results that reference sites and information located worldwide throughout the Internet. Because VALUESPEED has no control over such sites or information, VALUESPEED makes no representations or warranties regarding such sites or information, including as to: (1) the accuracy, currency, copyright compliance, content, or quality of any such sites and information, or (2) whether the Software may locate unintended or objectionable content.
VALUESPEED has not taken any steps to confirm the accuracy or reliability of any of the information provided by third parties. VALUESPEED does not make any representations or warranties as to the security of any information (including personal information) you might be requested to give any third party.
VALUESPEED assists users by providing find information regarding products for the user, but it is the user who must decide what to do with the information provided or the sites uncovered through use of the Software. VALUESPEED will not be responsible for the use or misuse of any information derived from the use of the Software. That responsibility rests solely with the user. You are strongly advised to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Always check the original web site, read carefully the policy documentation and/or terms and conditions relating to any product purchased and contact the vendors to verify information. It is the user's responsibility to check the vendor's credibility and reliability. All transactions concerning products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the vendor and your sole rights and remedies with respect thereto shall be against the vendor.
IF YOU ARE DISSATISFIED WITH THE SOFTWARE OR THE WEB SITE, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE THE USE THEREOF.
THE VALUESPEED WEB SITE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. VALUESPEED MAKES NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS, WITH RESPECT TO THE WEB SITE OR THE SOFTWARE OR ANY INFORMATION RECEIVED OR ANY PRODUCTS PURCHASED THROUGH USE OF THE WEB SITE OR SOFTWARE. VALUESPEED DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEB SITE OR THE SOFTWARE, OR THE ACCESS TO VALUESPEED'S SERVERS, OR THE INFORMATION PROVIDED BY THE VALUESPEED WEB SITE OR SOFTWARE IN TERMS OF ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE USE OF THE VALUESPEED WEB SITE AND ACCESS TO THE VALUESPEED SERVERS, IS ASSUMED BY THE USER.
Certain jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of VALUESPEED shall be limited to the extent permitted by law.
Termination
This License and Terms Of Use is effective until it is terminated. You may terminate this License and Terms of Use at any time by destroying or returning to VALUESPEED all copies of the Software in your possession or under your control. VALUESPEED may terminate this License and Terms of Use at any time, for any reason, including, but not limited to, if VALUESPEED finds that you have violated any of the terms of this License and Terms of Use. Upon notification of termination, you agree to destroy or return to VALUESPEED all copies of the Software and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this License and Terms of Use.
Miscellaneous
This License and Terms of Use shall be governed by the laws of the District of Columbia, without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License and Terms of Use shall be an appropriate federal or state court sitting in Washington, D.C. This License and Terms of Use, as modified by VALUESPEED from time to time, shall constitute the entire agreement between the parties hereto. If any part of this License and Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License and Terms of Use shall be interpreted so as to reasonably effect the intention of the parties.
Copyright (c)1999 ValueSpeed, Inc. All Rights Reserved.
