PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THE WHENUSEARCH BROWSER TOOLBAR (THE "SOFTWARE" OR THE "TOOLBAR") POWERED BY WHENU.COM, INC. ("WHENU.COM") AND PROVIDED TO YOU BY EITHER WHENU.COM OR ONE OF ITS DISTRIBUTION PARTNERS. 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.
The Toolbar brings relevant information, search results, and coupons to your desktop, or browser, at all times. The Toolbar displays this information in the form of rotating text links accessible from within the application.
The Toolbar selects which ads and offers to display to individual users based on several factors, including: URLs associated with webpages you visit, search terms that you type into search engines and into the Toolbar, your local zip and/or country code, and HTML content of the webpages you view. Toolbar ads and offers are delivered in a separate, independent window or application controlled by WhenU.com, are not endorsed or affiliated with anyone other than WhenU.com and may in fact be competitive with some of the sites you visit while online.
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.
By downloading the WhenUSearch Toolbar ("the Toolbar"), you give permission to WhenU.com, Inc. ("WhenU") to display relevant contextual information and offers. The Toolbar selects which ads and offers to show you based on several factors, including: which webpages you visit, search terms you use while searching online, your local zip and/or country code, and content of the webpages you view. The Toolbar displays contextual ads and offers in the form of rotating text links accessible from within the application.
The Toolbar 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 the Toolbar. 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.
The Toolbar 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 in the Toolbar and whenever you click on such an offer, the Toolbar sends WhenU a communication that may include information about the webpage you were viewing 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 the Toolbar, impressions and click-throughs, including the factor (e.g., the URL, the keyword, or the search term, or some combination thereof) that caused the ad to be displayed are reported to WhenU. Because the Toolbar's advanced functionality is designed to display ads whenever contextually-relevant activity is detected, a continuous series of impressions and click-throughs may be transmitted to WhenU.com's servers as you surf the Internet. To protect your privacy and prevent WhenU or any third party from assembling individual user profiles or knowing which Web sites you visit, 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.
The Toolbar 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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