| 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 thereunder.
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. |
