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This License Agreement ("Agreement")
describes the terms and conditions that govern
your use of the 550 Access Toolbar.
We do not collect,
store or share any personal information.
We do not monitor
users’ browsing behavior.
We do not deliver
or distribute any pornographic, offensive or illegal
content or viruses.
BY
INSTALLING OR USING THE 550 ACCESS TOOLBAR, THE
INDIVIDUAL LICENSING THE 550 ACCESS TOOLBAR ("MEMBER"
OR "YOU") CONSENTS TO BE BOUND BY ALL
PORTIONS OF THIS AGREEMENT AND ALL APPLICABLE
POLICIES AND GUIDELINES WHICH MAY BE UPDATED FROM
TIME TO TIME AND POSTED ON THE 550 ACCESS WEB
SITE LOCATED AT www.550access.com OR ANY SUCCESSOR
TO IT. ALL SUCH POLICIES AND GUIDELINES ARE INCORPORATED
HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER
FOR, INSTALL, OR USE THE 550 ACCESS TOOLBAR. IF
YOU HAVE ALREADY REGISTERED OR INSTALLED THE 550
ACCESS TOOLBAR, IMMEDIATELY TERMINATE YOUR USE
OF THE 550 ACCESS TOOLBAR.
1.
Acceptance of License Terms
The
550 Access Toolbar is provided to you under the
terms and conditions of this Agreement and any
policies or guidelines applicable to the 550 Access
Toolbar that may be posted by 550 Access. Unless
explicitly stated otherwise, any new features
or software that augment or enhance the current
version of the 550 Access Toolbar, including,
without limitation, upgrades, fixes or enhancements,
shall be subject to this Agreement.
2.
License
a.
550 Access grants to Member a limited, revocable,
non-exclusive and non-transferable license to
reproduce and use solely for personal purposes
the executable code version of the 550 Access
Toolbar software. This license does not entitle
Member to receive from 550 Access any hard-copy
documentation, technical support, telephone assistance,
or enhancements or updates to the 550 Access Toolbar.
b.
Except as otherwise expressly permitted in this
Agreement, Member may not: (i) modify or create
any derivative works of the 550 Access Toolbar
or any documentation furnished in connection with
it; (ii) decompile, disassemble, reverse engineer,
or otherwise attempt to derive the source code
for any of the 550 Access Toolbar (except to the
extent applicable laws specifically prohibit such
restriction); (iii) redistribute, encumber, sell,
rent, lease, sublicense, or otherwise transfer
rights to any of the 550 Access Toolbar; (iv)
remove or alter any trademark, logo, copyright
or other proprietary notices, legends, symbols
or labels in the 550 Access Toolbar; or (v) agree
with anyone to do any of the foregoing.
3.
Member Responsibilities
Member
shall:
a.
Represent only himself or herself on the 550 Access
Toolbar, and no other persons, living, dead, or
imagined. The 550 Access Toolbar may only be used
by natural persons (i.e., individuals) who are
at least 18 years of age and on their own behalf
and not by or on behalf of any entity unless explicitly
permitted by 550 Access in writing.
b.
Provide true, accurate, current and complete information
to 550 Access, including, but not limited to,
information that might be required for registration
to use the 550 Access Toolbar, and maintain and
promptly update such information to keep it accurate,
current and complete.
c.
Provide all equipment necessary to access the
World Wide Web and pay any service fees associated
with such access.
d.
Maintain the security of Member's personal information,
including, without limitation, account and login
information, passwords and financial information.
e.
Not use the 550 Access Toolbar to:
Publish
or distribute any defamatory, infringing, obscene,
indecent or unlawful material or information;
Defame
abuse, harass, threaten or violate the legal rights
of others;
Send
unsolicited e-mail;
Engage
in any commercial purpose, including, but not
limited to, advertising or offering to sell any
goods or services;
Upload
files that contain viruses, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer;
Upload
files that contain software or other material
protected by intellectual property laws (or by
rights of privacy) unless Member owns or controls
the rights thereto or has received all necessary
consent;
Delete
or modify any author attributions, legal notices
or other proprietary designations or labels in
any file that is uploaded;
Falsify
the origin or source of software or other material
contained in a file that is uploaded;
Download
any file that Member knows, or reasonably should
know, cannot be legally distributed via the 550
Access Toolbar;
Reproduce,
duplicate, copy, sell, resell, distribute, publish
or exploit for any commercial purpose the software,
products or services provided by the 550 Access
Toolbar without obtaining the express, prior written
consent of 550 Access (this restriction includes
any attempt to incorporate any information from
the 550 Access Toolbar into any other directory,
product, or service); and
Collect
or store personal data about others.
4.
Termination
In
its sole discretion, 550 Access may terminate
this Agreement and all or any of the rights granted
hereunder or prohibit or suspend access to the
550 Access Toolbar by Member at any time, without
prior notice or liability to Member. Termination
or suspension may occur, without limitation, if:
(a) Member's use of the 550 Access Toolbar violates
this Agreement or any applicable policy or guideline,
is potentially illegal or harmful to 550 Access
or any other party, or could subject 550 Access
to liability or additional expense; (b) providing
all, or any of, the 550 Access Toolbar becomes
technically or commercially unfeasible; or (c)
Member fails to pay any charges due to 550 Access
or any of its affiliates or partners. Member may
terminate this Agreement at any time by ceasing
all use of the 550 Access Toolbar and deleting
all copies of it in Member's possession or control.
The following sections will survive termination
of this Agreement: Section 7 (Site Links and Content);
Section 8 (Proprietary Rights); Section 9 (Disclaimer
of Warranties); Section 10 (Limitation of Liability);
Section 11 (Indemnification); Section 12 (Export);
and Section 14 (General).
5.
Modifications to the 550 Access Toolbar and Service
a.
550 Access reserves the rights to modify or discontinue
the 550 Access Toolbar at any time without notice
to Member, and 550 Access shall not be liable
to Member or any third party should 550 Access
exercise its rights to modify or discontinue all
or any of the 550 Access Toolbar.
b.
550 Access reserves the right to establish general
practices and limits concerning the use of the
550 Access Toolbar. Any changes or modifications
will be effective upon posting on the 550 Access
Toolbar Web Site and may be posted without notice
to Member. Member is responsible for regularly
checking the 550 Access Toolbar Web Site for any
changes or modifications. IF ANY SUCH CHANGE OR
MODIFICATION IS UNACCEPTABLE TO MEMBER, HIS OR
HER ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
CONTINUED USE OF THE 550 ACCESS TOOLBAR BY MEMBER
FOLLOWING INFOSPACE'S POSTING OF ANY SUCH CHANGE
OR MODIFICATION WILL CONSTITUTE ACCEPTANCE OF
THE MODIFICATION OR CHANGE BY MEMBER.
6.
Enforcement
550
Access may investigate any reported violation
of this Agreement, its policies and guidelines
or any complaints and take any action that it
deems appropriate and reasonable under the circumstance
to protect its systems, facilities, members and/or
third parties. 550 Access's actions may include,
but are not limited to, issuing warnings, suspension
or termination of the 550 Access Toolbar, and/or
removal of or disabling access to content hosted
on 550 Access's systems. 550 Access reserves the
right and has absolute discretion to remove or
disable access, screen or edit any content that
violates these provisions or is otherwise objectionable.
550 Access also reserves the right to report any
activity that it suspects violates any law or
regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties.
7.
Site Content and Links
a.
The 550 Access Toolbar may contain links and pointers
to Internet sites maintained by third parties.
550 Access does not operate or control in any
respect any information, products or services
on such third-party sites. Third party links and
pointers are included solely for the convenience
of users, and do not constitute any endorsement
by 550 Access and/or its suppliers. Member assumes
sole responsibility for use of third party links
and pointers and any products, services, content
or other materials obtained on or through any
such sites.
b.
550 Access does not control the content posted
via the 550 Access Toolbar by third parties and,
as such, does not guarantee the accuracy, integrity
or quality of such content or make any representations
or warranties about it. Member understands that
by using the 550 Access Toolbar he or she may
be exposed to content that is offensive, indecent
or objectionable. Under no circumstances will
550 Access be liable in any way for any such content,
including, but not limited to, any errors or omissions
in any content, or for any loss or damage of any
kind incurred as a result of the use of any such
content posted, e-mailed or otherwise transmitted
via the 550 Access Toolbar.
c.
Content provided by 550 Access carries relevant
copyright notices and attributions. 550 Access
will not be held liable for any of this information,
nor any harm it might cause, nor for its accuracy
or inaccuracy.
d.
Member acknowledges that 550 Access neither endorses
the contents of any Member communications nor
assumes the responsibility for any threatening,
libelous, obscene, harassing or offensive material
contained therein, any infringement of third party
intellectual property rights arising there from
or any crime facilitated thereby.
e.
Member shall remain solely liable for any and
all content that he or she uploads or transmits
over 550 Access's systems or equipment ("Member
Content").
f.
Subject to the terms of 550 Access' privacy policy,
Member grants 550 Access a royalty-free, perpetual,
irrevocable, non-exclusive and fully sub licensable
right and license to use, reproduce, modify, adopt,
publish, translate, create derivative works from,
distribute, perform and display the Member Content
(in whole or part) worldwide and/or to incorporate
it into other works in any form, media, or technology
now known or later developed.
8.
Proprietary Rights.
Title,
ownership rights, and intellectual property rights
in the 550 Access Toolbar software shall remain
in 550 Access and/or its suppliers. Member acknowledges
such ownership and intellectual property rights
and will not take any action to jeopardize, limit
or interfere in any manner with 550 Access’ or
its suppliers' ownership of or rights with respect
to the 550 Access Toolbar. The 550 Access Toolbar
is protected by copyright and other intellectual
property laws and by international treaties. Title
and related rights in the content accessed through
the 550 Access Toolbar is the property of the
applicable content owner and is protected by applicable
law. The license granted under this Agreement
gives Member no rights to such content.
9.
Disclaimer of Warranties
a.
550 ACCESS PROVIDES THE 550 ACCESS TOOLBAR (INCLUDING,
WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND
MATERIALS ACCESSIBLE BY OR THROUGH THE 550 ACCESS
TOOLBAR) TO MEMBER "AS IS," WITHOUT
ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT; ANY WARRANTY THAT INFORMATION
OBTAINED THROUGH THE 550 ACCESS TOOLBAR IS ACCURATE
OR RELIABLE; ANY WARRANTY THAT THE 550 ACCESS
TOOLBAR WILL MEET MEMBER'S REQUIREMENTS OR THAT
ACCESS TO, OR USE OF, THE 550 ACCESS TOOLBAR WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE
550 ACCESS TOOLBAR REMAINS WITH MEMBER.
b.
Member understands and agrees that any material
and/or data downloaded or otherwise obtained through
the use of the 550 Access Toolbar is done at Member's
own discretion and risk and that Member will be
solely responsible for any damage to Member's
computer system or loss of data that results from
the download of such material and/or data.
c.
550 Access makes no warranty regarding any goods
or services purchased or obtained through the
550 Access Toolbar or any transactions entered
into through the 550 Access Toolbar.
d.
No advice or information, whether oral or written,
obtained by Member from 550 Access or any of its
employees, agents or affiliates or through the
550 Access Toolbar shall create any warranty not
expressly made herein.
e.
550 Access assumes no responsibility for the deletion
or failure to store messages or other Member information.
10.
Limitation of Liability
550
ACCESS WILL NOT BE HELD LIABLE FOR ANY INDIRECT
OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING
THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND
SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO,
LOSS OF USE, INJURY TO REPUTATION, BUSINESS INTERRUPTIONS,
AND LOSS OF PROFITS, REGARDLESS OF WHETHER 550
ACCESS HAD ADVANCE NOTICE OF THE POSSIBILITY OF
ANY SUCH DAMAGES. TOTAL LIABILITY TO MEMBER FOR
ANY CLAIM ARISING OUT OF OR RELATING TO THE 550
ACCESS TOOLBAR, WHETHER IN CONTRACT, TORT OR OTHER
BASIS, SHALL NOT EXCEED $100.
11.
Indemnification
Member
hereby releases, holds harmless, and indemnifies
550 Access and its affiliates (and their respective
employees, directors and representatives) against
any and all claims, actions, proceedings, suits,
liabilities, damages, settlements, penalties,
fines, costs or expenses (including, without limitation,
reasonable attorneys' fees and other litigation
expenses), arising out of or relating to (a) the
violation or breach of any term, condition, representation
or warranty of this Agreement by Member; (b) Member's
use of the 550 Access Toolbar; or (c) Member's
violation, alleged violation, or misappropriation
of any intellectual property right (including,
without limitation, trademark, copyright, patent,
trade secrets) or nonproprietary right of a third
party (including, without limitation, defamation,
libel, violation of privacy or publicity).
12.
Export
Member
agrees to comply with all laws, rules and regulations
now existing or hereafter enacted regarding the
transmission/export of technical data applicable
to Member's use of the 550 Access Toolbar, including
the United States Export Administration Act of
1979, as amended, and the regulations promulgated
there under.
13.
Privacy
Current
privacy policy of 550 Access extends to the 550
Access Toolbar, and may be periodically revised
by 550 Access in its sole discretion. The Privacy
Policy explains how 550 Access collects, stores,
and uses information associated with Member's
use of the 550 Access website and software. 550
Access does not collect, store, share, lease or
rent any personal information of users. However,
550 Access may collect aggregated information
on how users as a group use the toolbar however
the information does not include any personal
identification of users. MEMBER SHOULD CAREFULLY
READ THE PRIVACY POLICY AND PERIODICALLY REVIEW
THE POSTED VERSION OF THE PRIVACY POLICY FOR ANY
CHANGES OR UPDATES. BY USING THE 550 ACCESS TOOLBAR
MEMBER AGREES TO BE BOUND BY THE TERMS OF THE
PRIVACY POLICY, INCORPORATED BY REFERENCE HEREIN,
AND ANY MODIFICATIONS THERETO.
14.
General
a.
The Agreement, and the License Agreement if any,
comprise the entire agreement between Member and
550 Access and supersede all prior agreements
between the parties regarding the subject matter
contained herein.
b.
This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Texas
without reference to its choice of law rules to
the contrary. Member hereby irrevocably consents
to personal jurisdiction and venue in the state
and federal courts located in Houston, TX with
respect to any actions, claims or proceedings
arising out of or in connection with this Agreement,
and agrees not to commence or prosecute any such
action, claim or proceeding other than in the
aforementioned courts.
c.
Member shall at all times comply with all applicable
laws and regulations regarding the use of the
550 Access Toolbar. Member shall indemnify and
save 550 Access harmless from his or her failure
to so comply. Member agrees that 550 Access shall
not have to perform any obligations set forth
in this Agreement if such performance would violate
any present or future law, regulation or policy
of any applicable government.
d.
550 Access is not the agent, fiduciary, trustee
or other representative of Member. Nothing expressed
or mentioned in or implied from this Agreement
is intended or shall be construed to give to any
person other than the parties hereto any legal
or equitable right, remedy or claim under or in
respect to this Agreement.
e.
Should any term or provision hereof be deemed
invalid, void or unenforceable either in its entirety
or in a particular application, the remainder
of this Agreement shall nonetheless remain in
full force and effect and, if the subject term
or provision is deemed to be invalid, void or
unenforceable only with respect to a particular
application, such term or provision shall remain
in full force and effect with respect to all other
applications. Further, if any provision of this
Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree
that the court should endeavor to give effect
to the parties' intentions as reflected in the
provision and the other provisions of this Agreement
shall remain in full force and effect.
f.
Member agrees regardless of any statute or law
to the contrary that any claim or cause of action
arising out of or relating to use of the 550 Access
Toolbar or this Agreement must be filed within
one (1) year after such claim of action arose
or be forever barred.
g.
550 Access's failure to enforce the strict performance
of any provision of this Agreement will not constitute
a waiver of 550 Access's right to subsequently
enforce such provision or any other provisions
of this Agreement.
h.
Member may not assign this Agreement, by operation
of law or otherwise, without 550 Access's prior
written consent. 550 Access may assign its rights
and obligations under this Agreement without Member's
consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of, and
be enforceable against the parties and their respective
successors and assigns.
i.
Any notice you make to 550 Access must be made
by either e-mail or regular mail and will be effective
only upon receipt. |
