The following License Agreement have been republished from www.alldaysavings.org/terms.php and/or the program's installer.
AllDaySavings, Inc., a Delaware corporation, doing business as “All Day Savings“ (“All Day Savings“), provides access to the free All Day Savings Toolbar software (the “Toolbar“) on the alldaysavings.com website at http://www.alldaysavings.com (along with all subdomains, collectively, the “Site“).
Your use of the Toolbar is governed by the All Day Savings Toolbar License Agreement at: http://www.alldaysavings.com/EULA.php/ (“License Agreement“).
You may not use this Site if you are not of legal age to form a binding contract with All Day Savings. If you are under 18 years old, you must leave this Site immediately.
All Day Savings reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU at: http://www.alldaysavings.com/terms.php/. All Day Savings will post a notice on its home page that this TOU has changed. Use of the Site after such changes constitutes acceptance of such changes.
YOU ACKNOWLEDGE BY YOUR FURTHER USE OF THE SITE THE FOLLOWING: (i) THE THIRD-PARTY PRODUCT NAMES, LOGOS, BRANDS, AND TRADEMARKS (THE “THIRD PARTY TRADEMARKS”) SHOWN ON THE SITE AND THE TOOLBAR, INCLUDING WITHOUT LIMITATION, YOUTUBE AND ANY THIRD PARTY TRADEMARK OWNED BY YOUTUBE, INC. OR ANY OF ITS AFFILIATES, LICENSORS OR LICENSEES ARE THE PROPERTY OF THEIR RESPECTIVE TRADEMARK OWNERS, LICENSORS OR LICENSEES; (ii) THESE OWNERS ARE NOT AFFILIATED WITH THE SITE OR THE TOOLBAR; AND (iii) THESE OWNERS: (a) HAVE NOT LICENSED THE USE OF THE THIRD PARTY TRADEMARKS ON THE SITE OR THE TOOLBAR; (b) HAVE NOT IN SOME OTHER WAY APPROVED THE USE OF THE THIRD PARTY TRADEMARKS ON THE SITE OR THE TOOLBAR; AND (c) DO NOT SPONSOR, APPROVE OR ENDORSE THE SITE OR THE TOOLBAR, OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITIES OF THE SITE OR THE TOOLBAR.
1) All Day Savings Intellectual Property.
a) Our Site and all of its contents (collectively, the “Intellectual Property“), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by All Day Savings or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work or compilation or both.
b) No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by All Day Savings.
c) You may browse through the Site and download the Toolbar. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.
2) Use of the Site.
You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that All Day Savings has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
3) Third Party Sites and Services.
This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. All Day Savings has no control over sites that are not ours, and All Day Savings is not responsible for any changes to or content on them. All Day Savings assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this Site reflect only the views of their authors and not of All Day Savings. All Day Savings’s inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
The All Day Savings plug-in contains in-text advertising where specific keywords within the text of a webpage are matched with advertising and/or related information. Topics or keyword phrases are automatically matched and products or services relevant to those topics or keyword phrases will appear on the webpage as a double underline. In addition, the All Day Savings plug-in may also contain banner ads and interstitial advertising where full-screen web pages are displayed between the current and destination page for a restricted amount of time.
5) Disclaimer of Warranties.
a) All Day Savings DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE TOOLBAR. USE OF THE SITE, THE TOOLBAR AND ANY DATA ACCESSED WHILE USING THE SITE OR THE TOOLBAR IS AT YOUR SOLE RISK. THE SITE, THE TOOLBAR AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b) All Day Savings DOES NOT WARRANT THAT THE SITE OR TOOLBAR WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR TOOLBAR WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR TOOLBAR WILL BE CORRECTED, OR THAT THE SITE OR TOOLBAR ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. All Day Savings IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR TOOLBAR.
c) All Day Savings DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON T HIS SITE OR TOOLBAR IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE All Day Savings MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT All Day Savings. All Day Savings UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
d) All Day Savings EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE TOOLBAR AND ANY DATA ACCESSED WHILE USING THE SITE OR THE TOOLBAR, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE TOOLBAR AND ANY DATA ACCESSED WHILE USING THE SITE OR THE TOOLBAR, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6) Limitation of Liability.
a) All Day Savings IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR TOOLBAR BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR TOOLBAR, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR TOOLBAR, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED All Day Savings IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, All Day Savings IS FOUND LIABLE UNDER ANY THEORY, All Day Savings’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE TOOLBAR AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY D AMAGES NOT TO EXCEED $100.
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 5 AND 6. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 5 AND 6 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 8(e) (SEVERABILITY) BELOW WILL APPLY.
You will defend, indemnify and hold All Day Savings harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this TOU, your violation of applicable laws, or your violation of any rights of another person or entity.
b) Governing Law; Jurisdiction; Attorneys’ Fees. This Site (excluding linked sites) is controlled by us from our office in Florida, United States of America. It can be accessed from all 50 states of the United States and from all around the world. As each of these jurisdictions has laws and regulations that may differ from those of Florida, by accessing this Site you and All Day Savings agree that the laws of Florida (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. Exclusive jurisdiction must lie with the courts of Florida for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of All Day Savings and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.
c) Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Site, or the use of the Site, must be filed within one year after such claim or cause of action arose.
d) English Language Controls. This English-language TOU is All Day Savings’s official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another l anguage, this English-language document controls.
e) Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
f) Waiver. No failure or delay on the part of All Day Savings in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this TOU.
If you have questions about this TOU or want to contact us, please send an email to [email protected]
or write to us at:
All Day Savings 5760 Mead Ave. Sarasota FL, 34233
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