End user agreement for buySAFE Shopping Advisor
buySAFE Shopping Advisor End User License Agreement
1. We grant you a non-exclusive, non-transferable license to install and use the buySAFE Shopping Advisor toolbar (the "Software") on computers owned or controlled by you for your own personal, non-commercial use, and to make copies of the Software for backup purposes.
2. This Software and any information or data provided through its use (the "Content") is protected by the patent and copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the Software and Content. You may not modify, publish, rent, sell, lease, sublicense, assign, market, or distribute the Software or the Content. You may not reverse engineer, decompile, or disassemble the Software, nor may a third party. Further, you may not access, create, or modify our source code in any way, nor may a third party.
3. THE SOFTWARE AND CONTENT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SOFTWARE AND CONTENT AT YOUR OWN RISK.
4. buySAFE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR buySAFE'S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR buySAFE'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY AND IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
USER CONTRIBUTIONS AND PRIVACY
5. buySAFE shall have the right to retain and use any comments or suggestions provided to buySAFE regarding the Software in current or future products or services, without further compensation to you.
6. The Software collects and sends the URLs that are visited to a buySAFE master database in order to look up merchants or items status and display the appropriate Shopping Rating. This look-up guarantees data freshness and accuracy and provides you with the merchant's Shopping Rating and whether the merchant is a buySAFE Bonded Merchant.This information is collected only when Shopping Advisor is enabled in your browser.
9. If you decide to disable Shopping Advisor, you can use your browser functionality to disable Shopping Advisor. If you use Internet Explorer®, open the "View" menu, then select "Toolbars", and uncheck the "Shopping Advisor" menu item. If you use Mozilla Firefox™, open the "tools" menu, then select the "Add-ons" menu item and disable the Shopping Advisor add-on.
10. If you decide to uninstall Shopping Advisor, you may ordinarily remove software by these steps:
(a) If you are using a Windows® operating system, access the "control panel", select the "Add or Remove Programs" menu and select "Shopping Advisor". Then click on the "Change/Remove" button. Once the uninstall process is finished, you need to restart your computer to complete the full removal of all files.
(b) If you are using Mac OS and Mozilla Firefox, open the "Tools" menu and select the "Add-ons" menu item. Then select the "Shopping Advisor" add-on and click on "Uninstall".
LIMITATIONS ON LIABILITY
11. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE. YOU ALSO UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR CONTENT.
12. If any part of this Agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.
13. The Identity Theft benefit of the Shopping Advisor program is available only to residents of the United States, with the exception of residents of Minnesota.
14. Unless required by the specific jurisdiction's laws, this Agreement, and all claims related to it, its execution or the performance of the parties under it, shall be governed by the laws of the Commonwealth of Virginia, without regard to the conflict of law provisions thereof and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
[Updated December 11, 2008]