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Detailed Description on 550 Access Toolbar 3.0

This document contains in-depth description of 550 Access Toolbar version 3.0. For further enquiries, you may contact us at president(@)550access.com. Members of the Press may contact us using the "Press Inquiry" link above.


 LICENSE AGREEMENT & POLICIES
  Acceptance of License Terms
 
  License  
  Member Responsibilities  
  Termination
 
  Modifications to the 550 Access Toolbar and Service  
  Enforcement
 
  Site Content and Links
 
  Proprietary Rights
 
  Disclaimer of Warranties
 
  Limitation of Liability
 
  Indemnification
 
  Export
 
  Privacy
 
  General  
     
 
 


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.

 


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