END-USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE FETCHDEALS.COM TOOLBAR, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE TOOLBAR. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (see Sections 3 and 9) AND AN EXCLUSIVE REMEDY (see Section 9(b)). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
NOTE THAT SECTION 8 OF THIS EULA CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS EULA.
1. General
This EULA is a legal agreement between you and Trust Cooper, LLC, d/b/a FetchDeals.com ("We", "Our", "Us" or "FetchDeals.com"). This EULA governs the Toolbar and your use of the Toolbar.
The definitions for terms that are capitalized in this document but not defined herein can be found in the Terms and Conditions. The "Toolbar" is defined as a downloadable toolbar (or, in some browsers, an extension or add-on) or other similar term used to describe downloadable software (including configuration and data files) that provides you access to coupons, discounts and special deals based on a search conducted by you or that are offered based upon sites you visit or searches you conduct in your browser where the Toolbar is installed and is enabled. The Toolbar may help Members maximize their Rewards from FetchDeals.com, alert Members when Affiliate Stores have coupons, discounts, special deals, and extra cash back offers, and provide access to other specials on the Site. This EULA applies to updates, supplements, add-on components, and Internet-based services that we may provide or make available to you relating to or through the use of the Toolbar. (To view the Privacy Policy of FetchDeals.com, which is incorporated by reference herein, please click Privacy Policy. To view the Terms and Conditions governing use of FetchDeals.com, which are incorporated by reference herein, please click Terms and Conditions).
Download of Toolbar
You can use the Toolbar to perform a search directly on FetchDeals.com while browsing another site on the Web. The Toolbar may display an “alert” in the toolbar and/or cause a "banner" (an information bar between the toolbar and the webpage) to appear when you visit a Affiliate Store merchant site, and may notify you that the Site has a coupon, discount or special deal for the Affiliate Store. Once you install the Toolbar, it will be visible in your Web browser window as a toolbar or an icon, unless you have disabled or hidden it. The Toolbar uses information from your browser activity to provide alerts that are relevant to your browser activity. Information necessary to provide these alerts to you is stored in local files within a Toolbar folder. By installing the Toolbar, you consent to the collection and use of data as set forth in the FetchDeals.com Privacy Policy and in accordance with this EULA. If you do not consent, then you should not download the Toolbar, or, if you have downloaded it, you should uninstall it.
Using the Toolbar
When you visit a website, whether typing in the URL or clicking a link (including from a search engine results page), the Toolbar recognizes whether the URL is that of an Affiliate Store, and, if so, may redirect you through the affiliate network site to the Affiliate Store's website, at which time, a tracking cookie will be placed in your browser. This cookie is the tracking mechanism that will follow your transaction with the Affiliate Store, to allow for credit of Rewards. The Toolbar may notify you via an alert on the Toolbar if there are coupons, discounts or special deals available at the Site. If you click on the alert, you will be taken to the Site, and if you click from the Site to the Affiliate Store, you will be credited with the percentage Cash Back Reward identified on the Site for any purchase you make during that session. If a banner appears, you must click on the banner to be credited with the full percentage Cash Back Reward identified on the Site for your purchase at the Affiliate Store site. (In some cases, this is when the cookie placement occurs.) If you do not click the banner or click through to the Affiliate Store through the Site from the alert, you may not have any Rewards credited to your Member account from any purchase you make at the Affiliate Store, or it may be less than the full percentage otherwise offered by going through the Site or banner. All Rewards offered through the Toolbar are subject to the Terms and Conditions. The Toolbar may also interact with search engines, Affiliate Stores and other web sites to identify Affiliate Stores, or provide additional coupon, discount or special deal content. The Toolbar will have the ability to inject such content into search results in your browser. We reserve the right to change, add to or discontinue any portion of the Toolbar and our Affiliate Store database in any way, in our sole discretion at any time without advance notice. Please let us know of any questions, concerns or problems you have relating to the Toolbar by contacting us at http://www.fetchdeals.com/contactus/.
2. Grant of License
Subject to the terms of this EULA, FetchDeals.com grants to you a revocable, non-exclusive, non-transferable, limited license to install and use the Toolbar for personal use only and in accordance with the Terms and Conditions and this EULA and in the United States. FetchDeals.com reserves all ownership rights, interests and title of and to the Toolbar, including all intellectual property rights in and to the Toolbar. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FETCHDEALS.COM. As between you and FetchDeals.com, all title and copyrights in and to the Toolbar (including but not limited to any images, photographs, animations, video, audio, music, text, and other features incorporated in the Toolbar, but excluding any trademarks or copyrighted images or text owned by third parties, which belong to the respective third parties), the accompanying printed materials, and any copies of the Toolbar, are owned by FetchDeals.com. Except as expressly permitted by this EULA, you may not copy the Toolbar or any other materials related to the Toolbar. You agree: (i) to hold in the strictest confidence all program code and other elements of the Toolbar, (ii) not to, directly or indirectly, sublicense, rent, sell or lease any portion of the Toolbar; (iii) not to, directly or indirectly, reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the code of the Toolbar or create derivative works; (iv) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Toolbar to any third party, and (v) not to make use of the Toolbar other than for the permitted purposes under this EULA.
3. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FETCHDEALS.COM AND ITS AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, ENJOYMENT, QUALITY AND NON-INFRINGEMENT WITH REGARD TO THE TOOLBAR. THERE ARE NO WARRANTIES NOT EXPRESSLY STATED IN THIS EULA. THE TOOLBAR IS PROVIDED "AS IS" WITH "ALL FAULTS" AND "AS AVAILABLE." THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE TOOLBAR OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE TOOLBAR IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE TOOLBAR NOT WORKING AS INTENDED, OR DAMAGING ANY HARDWARE OR OTHER SOFTWARE, OR FAILURE OF THE TOOLBAR RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS.
4. Prohibited Actions
You are prohibited from making any changes or asking others to make changes to the Toolbar, or using the Toolbar together with any third party products or services. Any enhancements, adaptations, alterations or modifications to the Toolbar shall remain the exclusive property of FetchDeals.com.
FetchDeals.com may in its sole discretion and for any reason at any time without notice discontinue your right to access and use the Toolbar. Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Toolbar or this EULA.
You must be at least 18 years of age in order to enter into this EULA for the licensing of the Toolbar and install and use of the Toolbar. As a condition of your using our Toolbar, you represent and warrant that you are at least 18 years old.
FetchDeals.com has no control over third party sites that you may access, including Affiliate Store's websites and other sites which are linked to our Site. Therefore, FetchDeals.com is not responsible for the content or function of any other site, and disclaims any liability for any aspects of any sites you access via direct access or access through our Site or Toolbar functionality. You may be subject to terms and conditions by such third party sites.
5. Uninstalling the Toolbar
You can uninstall the Toolbar at any time and at your discretion by following the directions below as may be updated from time to time. Uninstalling the Toolbar is your sole responsibility and the information provided below is for your convenience only and creates no liability or responsibility of FetchDeals.com if you are unable to uninstall the Toolbar by following these directions.
IT IS VERY IMPORTANT THAT YOU USE THESE PROCEDURES IF YOU WISH TO UNINSTALL THE TOOLBAR. You agree to accept all risks if you uninstall the Toolbar.
For specific instructions on uninstalling the Toolbar from Internet Explorer, Firefox and Chrome, please visit our FAQs. The Toolbar can also be removed from the options menu within the Toolbar itself.
Please be aware that if a method other than the uninstall or manual removal procedures described above is used to remove the Toolbar (e.g. anti-virus software), inoperable trace files may be left on your computer that continue to be detected by some anti-virus software. If you have used some other method to remove the Toolbar, please check the Add/Remove Programs function on your computer. If the Toolbar is no longer in your Add/Remove Programs, the Toolbar is no longer functioning and has been uninstalled. Even though trace files may remain and could trigger a security warning on your computer, these trace files are not functioning in any way.
If you encounter difficulties removing the Toolbar, please contact us at http://www.fetchdeals.com/contactus/.
6. Updates to the Toolbar and Modifications to EULA
Our Toolbar does not automatically upgrade; however, FetchDeals.com may, in its sole discretion, update or upgrade the Toolbar (including installed Toolbars) at any time without notice. You are responsible for ensuring that you are using the most current version of the Toolbar. FetchDeals.com shall have no responsibility or liability for the use of the Toolbar other than the most recently available Toolbar.
FetchDeals.com reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA. Continued use of the Toolbar indicates your acceptance of such successor EULAs. If you do not accept any such successor EULAs you must uninstall the Toolbar from your computer. Failure to uninstall the Toolbar constitutes acceptance of the successor EULA.
7. Termination of EULA
You may terminate this EULA at any time by uninstalling the Toolbar and destroying all copies of the Toolbar. The license granted by this EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. FetchDeals.com also may terminate said license at any time for any reason, without notice, in its sole discretion. In the event that the EULA is terminated for any reason, your rights to use the Toolbar will immediately cease and you must uninstall the Toolbar and all copies of the Toolbar must be destroyed.
8. Dispute Resolution
(a) Purpose. If you have a Dispute (as defined below) with FetchDeals.com that cannot be resolved through an informal dispute resolution with FetchDeals.com, you or FetchDeals.com may elect to arbitrate that Dispute in accordance with the terms of this Dispute resolution provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
(b) Definitions. The term "Dispute" means any dispute, claim, or controversy between you and FetchDeals.com regarding any aspect of your relationship with FetchDeals.com, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute resolution provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Dispute resolution provision, "FetchDeals.com" means Trust Cooper, LLC, d/b/a FetchDeals.com and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents.
(c) Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY FETCHDEALS.COM IN WRITING WITHIN THIRTY (30) DAYS AFTER THE DATE THAT YOU FIRST DOWNLOAD THE TOOLBAR BY VISITING http://www.FetchDeals.com/, OR BY MAIL TO FETCHDEALS.COM AT 228 Park Ave S # 29051 (ATTN: LEGAL DEPARTMENT), NEW YORK, NY 10003-1502. YOUR WRITTEN NOTIFICATION TO FETCHDEALS.COM MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH FETCHDEALS.COM THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH FETCHDEALS.COM OR THE DELIVERY OF SERVICES TO YOU BY FETCHDEALS.COM. IF YOU HAVE PREVIOUSLY NOTIFIED FETCHDEALS.COM OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
(d) Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or FetchDeals.com elect to resolve your Dispute through arbitration pursuant to this Dispute resolution provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
(e) Arbitration Procedures.
(i) Because the Service(s) provided to you by FetchDeals.com concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from FetchDeals.com may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Dispute resolution provision.
(ii) If there is a conflict between this Dispute resolution provision and the rules of the arbitration organization chosen, this Dispute resolution provision shall govern. If the arbitration organization that you select will not enforce this Dispute resolution provision as written, it cannot serve as the arbitration organization to resolve your dispute with FetchDeals.com. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute resolution provision as written. If there is a conflict between this Dispute resolution provision and the rest of this EULA, this Dispute resolution provision shall govern.
(iii) A single arbitrator will resolve the Dispute. Participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
(v) If an award granted by the arbitrator exceeds $50,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
(f) Restrictions:
(i) YOU MUST FILE A CLAIM WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(ii) ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
(g) Location of Arbitration. The arbitration will take place in New York, NY.
(h) Payment of Arbitration Fees and Costs. FETCHDEALS.COM WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN FETCHDEALS.COM'S FAVOR, YOU SHALL REIMBURSE FETCHDEALS.COM FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE FETCHDEALS.COM FOR ANY OF THE FEES AND COSTS ADVANCED BY FETCHDEALS.COM. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, FETCHDEALS.COM WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
(i) Severability. If any clause within this Dispute resolution provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this Dispute resolution provision, and the remainder of this Dispute resolution provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Dispute Resolution provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Dispute resolution provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Dispute resolution provision, you and FetchDeals.com have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
(j) Exclusions from Arbitration. YOU AND FETCHDEALS.COM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (i) ANY CLAIM FILED BY YOU OR BY FETCHDEALS.COM THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (ii) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (iii) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.
(k) Continuation. This Dispute resolution provision shall survive the termination of your customer relationship with FetchDeals.com.
9. Limitation of Liability, YOUR EXCLUSIVE REMEDY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FETCHDEALS.COM AND ITS AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS EULA, THE USE OF OR INABILITY TO USE THE TOOLBAR OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, FETCHDEALS.COM SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR OTHER SOFTWARE, OR BY THE COMBINATION OF OUR TOOLBAR WITH ANY OTHER SOFTWARE. IN ANY CASE, FETCHDEALS.COM AND ITS AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO TWO HUNDRED AND FIFTY DOLLARS ($250.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF FETCHDEALS.COM AND ITS AFFILIATES, ARISING OUT OF OR RELATED TO THIS EULA, AND/OR THE TOOLBAR SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO TWO HUNDRED AND FIFTY DOLLARS ($250.00). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
(c) THE LIMITATIONS IN THIS SECTION 9 SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER SECTION 9(a) IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.
(d) YOU SHALL FILE ANY CLAIM ARISING OUT OF THIS EULA OR THE TOOLBAR WITHIN ONE (l) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
You are fully responsible for your activities using the Toolbar. You shall not use the Toolbar in any way that is unlawful or that harms us or any other party in any way.
11. Export Restrictions
You acknowledge that the Toolbar licensed hereunder is subject to the export control laws and regulations of the United States. You confirm that with respect to the Toolbar, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the Toolbar may include technical data subject to export and re-export restrictions imposed by United States law. You agree to comply with all applicable international and national laws that apply to the Toolbar, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
12. General Terms of EULA
The laws of the State of New York govern the performance and interpretation of this EULA, without regard to any conflicts of laws provisions.
This EULA, as it may be modified from time to time, constitutes the entire agreement under which FetchDeals.com allows you to use the Toolbar. If there are any provisions or clauses in this EULA which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in force.
In addition to any other limitations which may be set forth herein, FetchDeals.com shall not be responsible for events which are out of the control of FetchDeals.com and which negatively impact the performance or use of the Toolbar, such as acts of God, acts by governmental authorities, or other acts not within the control of FetchDeals.com.
The terms of this EULA are in addition to the terms of the Terms and Conditions which you agreed to when you became a Member in the FetchDeals.com program. In the event of any conflict between the terms of this EULA and the terms of the Terms and Conditions, the terms of this EULA shall prevail.
