PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING WHENUSEARCH BEST (THE "SOFTWARE") PROVIDED BY WHENU.COM, INC. ("WHENU.COM"). USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU.COM RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AND PRIVACY STATEMENT AT ANY TIME.
WhenUSearch BEST enables automatic generation of ads and offers via keyword and search phrase entry within the browser's address bar.
WhenUSearch BEST selects which ads and offers to display to individual users based on search terms or keywords that you type into your browser's address bar and your local zip and/or country code. WhenUSearch BEST ads and offers are delivered in your Web browser in place of certain browser error messages and are not endorsed or affiliated with anyone other than WhenU.com.
The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the Software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the Software.
WhenU.com products and services are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.
YOU EXPRESSLY AGREE THAT THE USE OF THIS SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. WHENU.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY AND PERFORMANCE OF THE SOFTWARE. THE INFORMATION AND SERVICES PROVIDED BY THE SOFTWARE AND/OR WHENU.COM ARE SIMILARLY PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. The accuracy and reliability of any information content or services provided by the software and or WhenU.com should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
WhenU.com reserves the right to periodically update and/or upgrade the Software at WhenU.com's discretion. Your installation of the Software indicates your acceptance of potential future updates and/or upgrades to the Software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHENU.COM OR ITS AGENTS BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES, SECURITY BREACHES OR ANY AND ALL OTHER DAMAGES OR LOSSES.
This License Agreement is governed by, and shall be construed in accordance with, the laws of the State of New York, without regard to its conflicts of laws rules.
WhenUSearch BEST protects your privacy by uploading a database of content in small chunks to your desktop and then determining on your desktop whether to retrieve information from WhenU or third-party servers. To protect your privacy, the same database of content is sent to all desktops. Decisions regarding which advertising and offers to retrieve are processed on your computer desktop. In this way, WhenU is able to deliver to you relevant coupons, information and advertisements without establishing any profile about you (even anonymously) on WhenU servers.
Your privacy is also protected in the following manner:
1) Your personally-identifiable information is not required in order to use WhenUSearch BEST. WhenU does not know your individual identity and does not attempt to discern it in any way.
2) As you surf the Internet, your "clickstream data" (i.e. a log of all the sites you visit) is not transmitted to WhenU or any third party server. (Although impressions and click-throughs that contain indicia of browsing activity are transmitted each time an ad is served, as described below, these communications are never linked to personally identifiable information and are otherwise carefully designed to protect your privacy.)
3) WhenU does not assemble any personally-identifiable browsing profiles of you or your individual machine.
4) WhenU does not assemble any anonymous machine-identifiable browsing profile of you or your machine.
5) WhenU does not track which ads and offers you see as an individual user — all of our analysis and tracking of ads is done in the aggregate.
WhenUSearch BEST does send back certain information from your desktop in order to count the number of users in our network and optimize the performance and relevancy of the ads. For example, when an offer is displayed to you by WhenUSearch BEST and you click on such an offer, WhenUSearch BEST sends WhenU a communication that may include information about the search term or keyword that you typed into your browser's address bar before you saw or clicked on a particular ad. WhenU has intentionally designed these communications back to WhenU to be highly protective of user privacy, in the following ways:
(a) Each individual desktop is assigned an anonymous, unique machine ID. This machine ID is used only to enable WhenU to count unique, active desktops in the network. The machine ID is not used to determine which ads to serve individual users or to create browsing profiles of users.
(b) When ads are requested and/or displayed by WhenUSearch BEST, impressions and click-throughs, including the factor (e.g., the keyword or search term typed into the browser's address bar) that caused the ad to be displayed are reported to WhenU. To protect your privacy and prevent WhenU or any third party from assembling individual user profiles or knowing your browsing activity, your unique machine ID is intentionally excluded from any communications sent back to WhenU that may include a URL or such other browsing-specific information.
WhenUSearch BEST does not place any cookies on your desktop. It is possible that a third party advertising on our network might place a cookie on your desktop. If you wish to opt-out from third party cookies, please click on the following link and follow the instructions: http://www.networkadvertising.org/optout_nonppii.asp.
WhenU.com may update this privacy statement at any time. WhenU is committed to serving highly relevant, contextual coupons and offers, while still providing consumers with industry-leading privacy protection. More information about the software is available here, or for any further questions about our privacy policy please email privacy@whenumail.com.
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