The following License Agreement have been republished from www.optimizeyour.net/eula.html and/or the program's installer.
PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE TOOLBAR (AS DEFINED BELOW) FROM SpiritQuote, (AS DEFINED BELOW), YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH SpiritQuote, AND AGREEING TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE TOOLBAR. You must be at least 18 years of age in order to enter into this EULA or to install or use the Toolbar. If you are not at least 18 years of age, do not install or use the Toolbar. By using the Toolbar, you represent and warrant that you are at least 18 years of age.
This EULA is a legal agreement between you and ('SpiritQuote,' 'our,' "we,' or 'us'). This EULA governs your installation and use of the downloadable browser application, extension or add-on that can be downloaded from http://optimizeyour.net ('Toolbar').
This EULA, the most recent version of which can be found at http://optimizeyour.net, also applies to future changes or updates to the Toolbar, or to additional products or services that may be made available to you through your use of the Toolbar.
Collection of Data/Your Use of the Toolbar
Once you have installed the Toolbar, certain information and data will be gathered through access to your computer in order to provide targeted advertising to you. Examples of the types of information and data that may be used, monitored, recorded, gathered or communicated to or from your computer ('Data Use'), are:
the way in which you interface with your computer and domains or websites (hereafter 'Websites');
what Websites you visit, what advertisements appear on those Websites, and what advertisements you click on at those Websites;
non-personally identifiable (aggregated) data concerning your age and other demographics;
the date and time that you installed or uninstalled the Toolbar;
whether or not an updated version of the Toolbar is available;
By installing the Toolbar, or allowing the Toolbar to remain installed on your computer, you are giving optimizeyour.net permission for the Data Use. IF YOU DO NOT WANT TO PROVIDE optimizeyour.net ACCESS TO YOUR COMPUTER FOR DATA USE, PLEASE DO NOT INSTALL THE TOOLBAR. IF YOU HAVE INSTALLED THE TOOLBAR BUT WOULD LIKE TO STOP PROVIDING PERMISSION TO optimizeyour.net FOR DATA USE, PLEASE CLICK HERE FOR THE STEPS TO UNINSTALL THE TOOLBAR.
In addition to the Data Use, the Toolbar may, at times, modify your internet browser or how it appears to you, including, for example, inserting or injecting advertisements, in text advertisements, banners or coupons, or inserting, injecting or overwriting advertisements on websites that you would not normally see if you had not installed the Toolbar.The Toolbar may also install tracking cookies on your Web browser;
The Toolbar may also automatically change the default search engine used by your Web browser,and may overwrite any program that attempts to change or reinstate the default search engine by using the appropriate options in your Web browser.
From time to time, the Toolbar may automatically download and install updates, and you agree to allow the installation of those updates. You agree to ensure that you are utilizing the most recent version of the Toolbar. You agree that we may modify the Toolbar, or certain features of the Toolbar, in the future at our sole discretion and without advance to you, including adding or subtracting features or discontinuing any feature of the Toolbar. If any modifications are made to the Toolbar that you do not agree with, you may uninstall the Toolbar. In addition, if the Toolbar is removed from your computer through a means other than: a) your use of the uninstall procedures of SpiritQuote; b) anti-virus or security software; or c) your use of the Add/Remove Programs or similar feature of your computer, the Toolbar automatically be re-installed on your computer, but you may uninstall it any time. ï¿¼ In order to prevent the Toolbar from being removed from your computer or modified, other than by one of the means identified above as (a)-(c), an executable file (.exe file) may be installed on your computer as part of the installation of the Toolbar.
By installing the Toolbar, or allowing the Toolbar to remain installed on your computer, you are giving optimizeyour.net permission for the above-described modifications to your computer or your computing experience. IF YOU DO NOT WANT TO PROVIDE optimizeyour.net WITH THAT PERMISSION, PLEASE DO NOT INSTALL THE TOOLBAR. IF YOU HAVE INSTALLED THE TOOLBAR BUT WOULD LIKE TO STOP PROVIDING THE ABOVE PERMISSION TO SpiritQuote, PLEASE CLICK HERE FOR THE STEPS TO UNINSTALL THE TOOLBAR.
Advertisements/Offers for Products or Services
After installing the Toolbar, advertisements and offers for products or services will be displayed to you. The ads that are displayed to you will be based on Websites you have visited.
optimizeyour.net does not endorse, promote, recommend or warrant any product or service being offered to you, and you should use the same care and investigation in entering into a relationship with any advertiser seen through your use of the Toolbar as you would with any other business. You agree that you are solely responsible for your decision whether or not to enter into a business relationship with any advertiser seen through your use of the Toolbar, and that optimizeyour.net will not be liable to you for any loss or damage you may incur as a result of your use of any product or service as a result of your use of the Toolbar.
2. Grant of License/Scope of License
SpiritQuote, under the terms of this EULA, is granting you a revocable, non-exclusive, non- transferable, limited license to install and use the Toolbar, but optimizeyour.net reserves all ownership rights, interests and title of and to the Toolbar, including, without limitation, all copyrights and other intellectual property rights in and to the Toolbar. UNLESS A RIGHT IS SPECIFICALLY GRANTED TO YOU IN THIS EULA, IT IS RESERVED BY SpiritQuote.
You may not copy the Toolbar or any other materials related to the Toolbar. You further agree: (i) to hold in the strictest confidence all program code and other elements of the Toolbar, (ii) not to, directly or indirectly, sublicense, rent, sell or lease any portion of the Toolbar; (iii) not to, directly or indirectly, reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the code of the Toolbar or create derivative works; (iv) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Toolbar to any third party, and (v) not to make use of the Toolbar other than for the permitted purposes under this EULA.
You acknowledge that the Toolbar that is the subject of this EULA is subject to the export control laws and regulations of the United States. You confirm that with respect to the Toolbar, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the Toolbar may include technical data subject to export and re-export restrictions imposed by United States law. You agree to comply with all applicable international and national laws that apply to the Toolbar, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
3. Disclaimer of Warranty
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, optimizeyour.net AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE TOOLBAR WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.
THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE TOOLBAR WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.
YOUR USE OF THE TOOLBAR IS AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, THE RISKS THAT THE TOOLBAR WILL NOT WORK AS INTENDED OR MAY DAMAGE ANY HARDWARE OR OTHER SOFTWARE.
TO THE EXTENT ANY WARRANTY IS DEEMED TO HAVE BEEN PROVIDED, IT IS SUBJECT TO AND EXCLUDES CONDITIONS CREATED BY ACTS OF GOD, ACTS OF GOVERNMENTAL AUTHORITIES, OR OTHER ACTS NOT WITHIN OUR CONTROL.
4. Prohibited Actions/Indemnification
You are prohibited from making any changes or asking others to make changes to the Toolbar, or using the Toolbar together with any third party products or services. Any enhancements, adaptations, alterations or modifications to the Toolbar shall remain the exclusive property of SpiritQuote.
You are prohibited from using the Toolbar for any purpose, or in any manner, that would violate any applicable law or governmental rule or regulation. In the event that you use the Toolbar for any purpose, or in any manner, that would violate any applicable law or governmental rule or regulation, you agree to indemnify and hold optimizeyour.net harmless from any against all losses, expenses, and attorney's fees that are incurred as a result of claims, demands or actions against optimizeyour.net or any officer, director, employee or agent of optimizeyour.net in a personal capacity arising out of or relating to that improper use of the Toolbar by you.
You are prohibited from using the Toolbar to create or transmit information or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, or invasive of a person's privacy.
You are prohibited from using the Toolbar to introduce any virus, worm, built-in or use-driven destruction mechanism, injurious or damaging algorithm, time bomb, trojan horse or other software or hardware for any reason.
You are prohibited from using the Toolbar for any commercial purpose.
5. Uninstalling the Toolbar
You may uninstall the Toolbar at any time and at your sole discretion. Please click Here for the steps to uninstall the Toolbar. If you need further assistance removing the Toolbar, please contact us at [email protected]
However, the steps and other assistance we provide are for the sake of convenience only, and you should independently ensure that the Toolbar has been uninstalled. Therefore, we do not assume any liability for the failure of the Toolbar to be uninstalled by following the above steps or with our assistance.
6. Changes to EULA
We reserve the right to make changes to this EULA, and any future version of the EULA will be considered a successor EULA. You may always view the EULA that is currently in effect by clicking HERE. If you continue to use the Toolbar after a changed EULA has become effective, or you do not uninstall the Toolbar from your computer, your continued use of the Toolbar, or your failure to uninstall the Toolbar, will be considered your acceptance of that successor EULA.
If, before the effective date of any successor EULA, you do not accept its terms, you must cease use of the Toolbar and uninstall the Toolbar from your computer.
7. Termination of EULA
You may terminate this EULA at any time by uninstalling the Toolbar and destroying all copies of the Toolbar on your computer. We may terminate this EULA at any time for any reason, without notice, in our sole discretion. If this EULA is terminated, by you or us, your right to use the Toolbar will immediately cease, you must uninstall the Toolbar and you must destroy all copies of the Toolbar on your computer.
Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Toolbar or this EULA.
8. Limitation of Liability/Dispute Resolution
ï¿¼TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, optimizeyour.net OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABLITY FOR:
A) ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS EULA, THE USE OF OR INABILITY TO USE THE TOOLBAR OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR
B) ANY DAMAGE CAUSED TO ANY HARDWARE OR OTHER SOFTWARE, OR BY THE COMBINATION OF OUR TOOLBAR WITH ANY OTHER SOFTWARE;
HOWEVER, IN THE EVENT OF ANY LIABILITY OF optimizeyour.net OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, THE ENTIRE LIABILITY FOR MATTERS ARISING OUT OF OR RELATING TO THIS EULA SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
IN ORDER TO ASSERT ANY CLAIM AGAINST SpiritQuote, YOU MUST FILE YOUR CLAIM NO LATER THAN ONE YEAR FROM THE DATE OF THE CLAIM ACCRUING UNDER FLORIDA LAW. IF YOU DO NOT DO SO WITHIN THAT TIME PERIOD, YOU WILL BE DEEMED TO HAVE WAIVED THE RIGHT TO PURSUE THAT CLAIM.
IN ANY ACTION ARISING OUT OF OR RELATING TO THIS EULA, YOU HEREBY KNOWINGLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.
This EULA, and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by and construed according to the laws of the State of Florida, and venue for any lawsuit will be only in Sarasota County, Florida, to the exclusion of all other venues. This EULA will be deemed to have been entered into in the State of Florida, where the principal place of business of optimizeyour.net is based, and any performance of this EULA by optimizeyour.net will be deemed to have occurred in the State of Florida. To the extent that you are not a Florida resident, you recognize that it is reasonable to expect to be brought into Florida's courts, and you agree to allow the State of Florida to assert personal jurisdiction over you.
9. General Terms of EULA
This EULA, as it may be modified from time to time, constitutes the entire agreement under which optimizeyour.net allows you to use the Toolbar. In the event that any provision or clause in this EULA is deemed to be void, illegal, invalid or otherwise unenforceable, only those specific terms will be deemed unenforceable and the remainder of the EULA shall remain in force.
email: [email protected]
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