End User License Agreement
CAFEMOM END USER LICENCE AGREEMENT
The CafeMom downloadable Toolbar, as updated from time to time (the "Toolbar") works with your browser and gives you easy access to content and other features from CMI Marketing, Inc. ("CMI"), which owns and operates the CafeMom website. All references in this Agreement to "we" or "us" shall mean CMI. All references to "you" shall mean the owner of the computer on which the Toolbar is installed or any person who uses that computer, with or without permission from the owner. Before you download the Toolbar, you must read and fully consent to this End User License Agreement ("EULA"). You consent to this EULA by clicking on the "I Accept" button below. Your download, installation and use of this Toolbar is governed by this EULA.
1.TOOLBAR SERVICES
The Toolbar has interactive buttons that you can use to access various features and functionalities that will enhance your enjoyment of the CafeMom website (the "Toolbar Services"). We may change, add to or remove Toolbar Services from time to time, with or without notice to you. By downloading, installing, and using the Toolbar, you consent to any modifications to the Toolbar Services. The Toolbar works in conjunction with your browser and the Toolbar Services may modify or enhance the functionality of your browser or other software. By downloading, installing or using the Toolbar, you consent to such modifications or enhancements.
2. USE OF TOOLBAR
The Toolbar is made available to you for your personal, non-commercial use only. You may not use the Toolbar in any manner that might interfere with the operation or functionality of the CafeMom website or any services offered through the CafeMom website (including the CafeMom Toolbar). You may not use the Toolbar in any manner that could interfere with any other party's use and enjoyment of the CafeMom services. You agree not to use the Toolbar in an automated manner through bots, metaspiders, crawlers or any other automated means.
3.RESTRICTIONS.
Your use of the Toolbar is subject to the following additional restrictions: You are prohibited from (i) decompiling, reverse engineering, or disassembling the Toolbar or the Toolbar Services, or otherwise attempting to derive their source code, (ii) tampering or interfering with the functionality or operation of the Toolbar while using or installing it, (iii) selling, renting, transferring, reselling, distributing the Toolbar to any third party, (iv) duplicating, reproducing, copying (except for reasonable backup purposes), modifying, or otherwise creating derivative works of the Toolbar, or (v) exporting the Toolbar, directly or indirectly into any country prohibited by law.
4.PRIVACY POLICY AND TERMS OF SERVICE.
Protecting users' privacy is very important to CMI. Please see the CafeMom Toolbar Privacy Policy and the CafeMom Privacy Policy which explain how we treat personal information provided by you when you use the CafeMom Toolbar and the CafeMom website. As a condition of downloading and using the Toolbar, you agree that CMI may access and disclose any information we have collected from you based on your use of the Toolbar or the CafeMom website if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this EULA, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) protect the rights, property or safety of CMI, users of CMI's websites, our employees, and the public, or (e) as otherwise provided in the CafeMom Terms of Service.
5.PROPRIETARY RIGHTS
You agree that nothing contained herein entitles you to own the Toolbar or any portion thereof and that the Toolbar is only being licensed to you and not sold to you. You hereby agree and acknowledge that as between you and us, we and any third parties who have supplied or licensed materials to us for use in the Toolbar ("Third Party Licensors") own all right, title and interest in and to the Toolbar, the Toolbar Services, and in and to any intellectual property (including, without limitation, copyrights, patents, trademarks, and any other proprietary rights) included in or applicable to the Toolbar or the Toolbar Services.
6.AUTOMATIC UPDATES
We may, but are not required to, issue updates to the Toolbar from time to time which may include patches bug fixes, new features, new versions, or enhanced functionality (collectively, "Updates"). All such Updates are governed by this EULA. If and when we issue Updates to the Toolbar, we may, but are not required to make such Updates available to you. By first downloading and installing the Toolbar onto your computer, you agree that we may automatically provide such Updates to you at our discretion without any requirement for further approval from you or notification to you.
7.COMPLIANCE WITH LAWS
You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Toolbar.
8.UNINSTALLING THE TOOLBAR
Should you decide that you no longer wish to have the Toolbar on your computer, you can uninstall the Toolbar at any time by pressing the "Options" button, and then the "Uninstall the toolbar" button, and following the instructions provided. If your computer uses the Microsoft Operating System, you can also uninstall the Toolbar by using the Add/Remove Programs feature in the Windows Control Panel. If you are using a different operating system, such as Mac or Linux with FireFox browser, you will be able to uninstall the Toolbar using the standard program uninstall features provided with those systems. In addition, we shall have the right to terminate your access to and use of the Toolbar at any time if we determine, in our sole discretion, that you have violated this EULA, the CafeMom Privacy Policy or CafeMom Terms of Service or if we decide to discontinue offering the Toolbar.
9.INDEMNITY
You agree to hold harmless and indemnify CMI and any Third Party Licensors (collectively, the "indemnified parties") and each of their parents, subsidiaries, affiliates, officers, directors, employees and agents, from and against any claim, suit or action against any of the indemnified parties arising from or in any way related to your use of the Toolbar or your violation of this EULA, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
10.DISCLAIMER OF WARRANTIES
WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE TOOLBAR, OR YOUR USE OF THE TOOLBAR SERVICES. THE TOOLBAR AND THE TOOLBAR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FULLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE TOOLBAR OR THE TOOLBAR SERVICES WILL BE OPERABLE, OR THAT THEY WILL WORK AS INTENDED, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT, SOFTWARE OR HARDWARE, OR THAT THEY WILL NOT DAMAGE ANY OTHER PRODUCT, SOFTWARE, HARDWARE (INCLUDING, WITHOUT LIMITATION, ANY COMPUTER OR CAUSE ANY LOSS OR CORRUPTION OF DATA, OR THAT THEY WILL HAVE A MINIMUM SERVICE LIFE. THIS DISCLAIMER OF WARRANTIES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, SO THE PROVISIONS OF THIS SECTION 10 MAY NOT APPLY TO YOU.
11.LIMITATION OF LIABILITY.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, USE OR MISUSE, UNINSTALLATION, OR RELIANCE UPON THE TOOLBAR OR THE TOOLBAR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILTY, PERSONAL INJURY, TRESPASS TO CHATTEL OR OTHERWISE, AND WHETHER OR NOT THE PERSON CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION 11 MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED $5.00M
12.NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this EULA, there shall be no third party beneficiaries to this EULA.
13.GOVERNING LAW; ARBITRATION
The parties agree that any disputes arising under this EULA will be adjudicated separately, and will not be combined, and that all disputes will be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association that are then in effect. Each party will name one (i) independent arbitrator, and the arbitrators chosen by the parties will name a third arbitrator, and the matter will be heard by all three (3) named arbitrators. The decision of the arbitrators shall be final and binding on all parties. Any questions involving contract interpretation shall governed by the laws of the State of New York without regard to its conflict of law provisions. The arbitration shall occur in the County of New York, in New York State, unless both parties agree to a different venue.
14.MISCELLANEOUS PROVISIONS
This EULA constitutes the entire agreement between you and CMI relating to the Toolbar and supersedes any prior or contemporaneous agreement between the parties regarding the Toolbar, whether written or oral. Any changes that we make to the EULA will be posted on the CafeMom website. Your use of the Toolbar will always be governed by the EULA in effect at the time of use. The failure of CMI to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA 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 EULA shall remain in full force and effect. The section headings in this EULA are for convenience only and have no legal or contractual effect.
June 12, 2007
© Copyright 2007 CMI Marketing, Inc. - There is no affiliation between CafeMom and any of the websites listed on this site. All trademarks are the property of their respective companies.
