Toolbar End User License Agreement
Welcome to the Blekko Toolbar. By installing the Blekko Toolbar, you agree to be bound by the following End User License Agreement (the “EULA”). As used in this EULA, the “Blekko Toolbar” or “Software” means the software that enhances your Internet surfing experience by providing you with relevant references and information displayed in your web browser. The “Blekko Platform” is defined as the system of toolbars, portals, and social media applications employed to deliver the user experience consistent with the Permitted Uses and Restrictions provided below. We reserve the right to update and social media applications employed to deliver the change, from time to time, this EULA and all documents incorporated by reference herein. You can always find the most recent version of this EULA at . We may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes. Any reference to “Blekko”, "we" , "our", "us" or the like in this EULA refers collectively to Blekko Inc. "You", "your" or the like refers to you, the end user experience consistent with the Permitted Uses and Restrictions provided below.of the Blekko Toolbar.
Grant of Limited Use License
If you agree to this EULA, you may install and personally use the Blekko Toolbar and any updates provided by Blekko in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA, Blekko hereby grants, and you hereby accept, a limited, non-exclusive license to install and use the Blekko Toolbar consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
Permitted Uses and Restrictions
The Blekko Toolbar is made available to you for your non-commercial use only on a non-exclusive, non-sublicensable basis. By agreeing to this EULA, your permitted uses and restrictions with respect to the Software are as follows:
Generally. You may use the Blekko Toolbar to enhance your Internet surfing experience by being provided with relevant references displayed in your browser.
Search the Internet: During installation, the Software may change the default search engine in your browser's search box, if such a search box exists in your browser. This alteration allows Blekko to track your searches thereby rewarding your activity.
eCommerce: The Software will not prompt you when you have arrived at a Participating Merchants website when cookies from other Referral Partners are present on your computer. In lay terms, this typically means that you had previously visited another Referral Partner’s website at some time within a Merchant-determined cookie period who also gains a commission from being associated with a Participating Merchant before visiting the Participating Merchant’s website and therefore the Commission/Rewards/Points belong to the other Referral Partner.
Enhanced Experience: When visiting certain sites, the Blekko Toolbar may add to the page certain html that will aid your experience by adding deals / coupons to links and text, as well as a notification system that will keep you connected with the brand associated with the Blekko Toolbar you have installed.
- You may not:
use the Blekko Toolbar in any manner that could damage, disable, overburden or impair Blekko’s search services (e.g., you may not use the Blekko Toolbar in an automated manner (including by way of acting in concert with one or more other users of the Blekko Toolbar to result in the same outcome as an automated approach)) or in any way to transmit, directly or indirectly, any unsolicited bulk communications);
decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the Blekko Toolbar or any portion thereof;
use the Blekko Toolbar in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA or our Terms of Service, including without limitation engaging in any click fraud or other similar conduct You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software..
The Blekko Toolbar is intended to be used in manner for you to be able to benefit from bona-fide search and shopping activities that you conduct on the Internet. If we or our technology partners, merchants or advertisers determine, in our sole discretion, that you have violated the terms of this EULA or have otherwise not acted in good faith, we reserve the right terminate your right to use the Blekko at any time, to cancel (and reverse, as applicable) any and all of the rewards or other benefits you may have earned (or attempted to earn) via your use of the Blekko Toolbar and to pursue any legal remedy against you available to us. You agree to indemnify and hold harmless Blekko, its technology partners, merchants and advertisers from any and all such determinations, actions and remedies. You acknowledge that the foregoing restrictions and penalties are reasonable and that they form an essential part of the bargain between you and Blekko.
All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to Blekko and Blekko holds title to each copy of the Software.
This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. Blekko may terminate this EULA if you breach any of the terms and conditions, at any time, in its sole discretion. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. If we terminate this EULA, you will no longer have the right to use our Software in any way, and rewards or other incentives that you may earn following such termination will be void, even if such rewards or incentives would otherwise have been validly earned but for our termination. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Blekko's proprietary rights shall survive termination.
Disclaimer of Warranty
Blekko does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Your exclusive remedy under this limited warranty is the replacement of any defective physical media (if applicable) on which the Software is furnished to you by Blekko. This does not apply to media furnished to you from third parties. YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
BLEKKO'S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL BLEKKO OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE), BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF BLEKKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE FROM ANY CLAIM RELATING TO OR ARISING FROM YOUR USE OF THE BLEKKO TOOLBAR, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY BLEKKO SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS BLEKKO, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS (INCLUDING FREECAUSE), AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
High Risk Activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, BLEKKO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT BLEKKO WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
This EULA is governed by and interpreted under the laws of the State of California, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim, dispute, or controversy you may have against Blekko arising out of, relating to, or connected in any with this EULA or the Software shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA“) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. The arbitration shall be held in San Francisco, CA and the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to Blekko if we are the prevailing party in such arbitration. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason any provision of this EULA or portion thereof is found to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. Blekko may assign this EULA to any entity at its sole discretion and without notice to you.
YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE BLEKKO TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by Blekko, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BLEKKO, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA.