Browser Extension End User License Agreement
Last Modified: June 24th, 2020
This Browser Extension End User License Agreement (the “EULA“) governs your download, installation and use of Come2save.com Browser Extension and the services made available through the Browser Extension (collectively, the “Licensed Application“). By downloading the Licensed Application, you (“you“) agree to this EULA with Come2save.com, Inc. (“Come2save.com,” “we, “Application Provider” “, or “us“). You represent to us that you are over eighteen (18) years of age and have the full and unrestricted legal right to enter into agreements. Please read this EULA carefully. If you do not agree with any of this EULA’s terms and conditions, do not access or install this software. The term “Licensed Software” includes all updates to the Licensed Application that we make available to you.
You may install the Licensed Application on certain Internet browsers, which are subject to change. The Licensed Application is not compatible with all Internet browsers. Furthermore, you acknowledge that solely because the Licensed Application is compatible with an Internet browser shall not constitute an endorsement, authorization, sponsorship or affiliation by or with the provider of such Internet browser.
- Uninstalling the Licensed Application.
- Internet Explorer users can uninstall the Licensed Application by selecting the Tools button (a small gear), and then select “Manage add-ons.” Under “Show,” select “All add-on,” and then select the add-on you’d like to delete by selecting “Remove.” For more details you can visit this page on the Microsoft website.
- Chrome users can uninstall the Licensed Application by clicking the three vertical dots on the far right of the browser toolbar, selecting “Settings,” then selecting “Extensions” and clicking “Uninstall” next to the browser extension. For further information Chrome users can visit this page on Google’s website.
- Firefox users can uninstall the Licensed Applications by clicking on the Menu button (three vertical hyphens) and then selecting “Add-Ons.” Under the tab “Add-On Manager,”) click on “Extensions”) and simply click “Remove” next to the extension that you wish to remove.. For further information users can visit this page on Mozilla’s website.
- Safari users can uninstall the Licensed Application by going to Safari Menu, selecting Preferences and then clicking on the extensions tab. Next, choose the browser extension and click the “Uninstall” button. For further information, user may visit Apple’s Support site here.
- Regarding California Residents.
California residents and certain others who have contact with California may have additional rights regarding the sale and collection of their personal information when the California Consumer Protection Act (“CCPA”) became effective on January 1, 2020.
- Reservation of Rights.
Subject to the terms and conditions of this EULA, we grant you a non-exclusive, non-commercial, revocable, limited license, to (a) download and install the Licensed Application on a single computer, mobile device, or other device, that you own or control (each, a “Device”), and (b) use the Licensed Application solely for your personal, non-commercial purposes. You acknowledge and agree that the Licensed Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Licensed Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Come2save.com, its licensors, and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Come2save.com reserves the right to modify this EULA at any time and without notice, and such modifications will be deemed effective immediately upon posting on the Come2save.com website. You are responsible for regularly reviewing this EULA and any changes made to this EULA. Come2save.com will have no liability if you do not receive Come2save.com’s notification. You can review the most current version of this EULA at any time at https://www.Come2save.com/extension_eula. If you do not agree to any terms of this EULA, or any future changes made by Come2save.com, your sole and exclusive remedy is to stop using the Licensed Application. By continuing to use the Licensed Application after Come2save.com has posted a modification to the EULA on its website, you agree to be bound by the modified EULA. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Licensed Application will be subject to this EULA.
- Collection and Use of Your Information.
- Geographic Restrictions.
We provide this Licensed Application for use only by persons located in the United States. We make no claims that the Licensed Application or any of its content is accessible or appropriate outside of the United States. Access to the Licensed Application may not be legal by certain persons or in certain countries. If you access the Licensed Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Scope of License.
This license does not allow you to use the Licensed Application on any computer, mobile device, or other device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Come2save.com and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Use of Licensed Application.
You shall not (a) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Licensed Application, or to manipulate the Licensed Application in any manner not consistent with its or their intended purpose(s); (b) use the Licensed Application in any manner that could damage, disable, overburden, or impair any Come2save.com server, or the network(s) connected to any Come2save.com server, or interfere with any other person’s use and enjoyment of the Licensed Application; (c) attempt to gain unauthorized access to the Licensed Application, other accounts, computer systems or networks connected to any Come2save.com server or to the Licensed Application, through hacking, cracking, distribution of counterfeit software, password mining or any other means; (d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (e) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; or (f) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Licensed Application.
During the download and installation of the Licensed Application, you will have an opportunity (but no obligation) to register with Come2save.com by providing Come2save.com with certain personal information, including information:
- By which you may be personally identified, such as name, mailing address, e-mail address, and telephone number (“personal information”). Personal information may be collected through your own Website inputs or through third parties.
- That is about you holistically, but does not identify you personally, such as date of birth, email address, age or non-specific age, and geographic indicators. Such holistic information may be collected through your inputs into the Website, or through third parties; and/or
- About your internet connection, the equipment you use to access our Website, and the pages of our Website you visit, and other usage details. Such information may be collected through cookies, web beacons, and other similar types of automated data collection technology.
Further, we collect information directly from users when provided to us; may collect from third parties, such as our business partners; and will collect information automatically as you navigate through the Website. Note that some information such as usage details, IP addresses, and information collected via cookies, web beacons, and other tracking technology may be collected automatically. We retain personal information only for as long as necessary or useful and will retain and use information to the extent necessary or desirable for business purposes, to comply with legal obligations, resolve disputes, and enforce legal policies and agreements.
The information provided during the registration process will be used by Come2save.com for a variety of internal purposes, including without limitation, to serve you Offers that are suited to you and where you live or are currently located, maintain your account, provide that your account is unique, to deal with security, and debugging and technical support issues. As a registered user, you understand and agree that you may receive certain communications from Come2save.com and its business partners, such as service announcements, administrative messages, newsletters, information about promotions and contests, and advertising. Upon registration, you will be asked to choose a password and a user/account name. You may not use a user/account name that is considered by Come2save.com to be vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, is already in use, or is used in any way that violates this EULA.
- Term; Termination.
The term of this EULA will commence upon your download of the Licensed Application and will continue in effect until terminated by you or Come2save.com. Your rights under such license will terminate automatically without notice from Come2save.com if you fail to comply with any term(s) of the license. Upon termination of the license, you will cease all use of the Licensed Application, and delete all copies, full or partial, of the Licensed Application. Without prejudice to any other of its rights, Come2save.com may unilaterally terminate or modify this EULA at any time and for any reason or for no reason, with no notice to you. For example, but not in limitation, Come2save.com may elect to terminate this EULA and your rights in connection with the Licensed Application, if Come2save.com, in its sole determination, stops supporting or maintaining the Licensed Application, ceases to provide updates, no longer offers the Licensed Application for license, or believes you have failed to comply with the terms and conditions of this EULA. You may terminate this EULA at any time by uninstalling and destroying all copies of the Licensed Application in your possession or control. If this EULA is terminated for any reason, the provisions in Sections 1, 3, 5, 7, 8, 9, 10 and 13-21 (inclusive) and 25 will survive any such termination.
- Effects of Termination.
Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the Licensed Application and delete all copies of the Licensed Application from your Device and account. Termination will not limit our rights or remedies at law or in equity.
- Support Services
Come2save.com may, in its sole discretion, provide you with support services related to the Licensed Application (“Support Services”). However, Come2save.com is not required to provide Support Services to you. No failure to provide, or to continue to provide, Support Services will be a default of Come2save.com under this EULA.
- User Content.
- Responsibility. All information, data, text, software, music, sound, photographs, graphics, video, messages, links to websites, or other materials posted by you (such materials, as posted by you or other users, collectively, the “User Content”) on the Licensed Application or any service accessed through the Licensed Application (collectively, the “Come2save.com Service”) are your sole responsibility. This means that you, and not Come2save.com, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available on the Come2save.com Service, including personally identifying information. When you post User Content on the Come2save.com Service, your user name and regional location may be visible to other users and attached to the User Content that you posted. Please be aware that if you post personal information online that is accessible to other users, such as your physical address or e-mail address, you may receive unsolicited messages from other users. Come2save.com does not control the User Content posted by you or other users on the Come2save.com Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. By using the Come2save.com Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Come2save.com be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available on the Come2save.com Service. Any User Content will be considered non-confidential and non-proprietary.
By providing any contributions on the Come2save.com Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In addition, except as provided in this EULA, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell, or create derivative works from any User Content or any other content appearing on or through the Come2save.com Service.
- Monitoring and Removal. Come2save.com reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any User Content for any reason in its sole discretion and without notice. Come2save.com assumes no responsibility for monitoring the Come2save.com Service for inappropriate User Content or conduct. If at any time Come2save.com chooses, in its sole discretion, to monitor the Come2save.com Service, Come2save.com nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user submitting User Content.
- Prohibited Content. You may not, and you may not allow others to, post, upload, transmit or otherwise make available on the Come2save.com Service any User Content that:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, sexually suggestive imagery, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18 or otherwise harms minors in any way;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without prior written consent from Come2save.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person’s consent;
- is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;
- you did not create or that you do not have permission to post, transmit or share;
- you do not have a right to post, transmit or share under any law or under contractual or fiduciary relationships; or
- Contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
Come2save.com reserves the right to investigate and take any action it deems appropriate against anyone who, in Come2save.com’s sole discretion, posts User Content that is offensive or inappropriate or otherwise violates this Section 14(c) or any other parts of this EULA, including without limitation, by removing the offending User Content from the Come2save.com Service and terminating or suspending right to use the Licensed Application.
- License. By submitting User Content to the Licensed Application, you grant to Application Provider, and its successors and assigns, employees, licensees, agents, and representatives, a perpetual, irrevocable, worldwide, royalty-free, transferable, and non-exclusive license (with the right to sublicense) to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote the User Content for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Licensed Application a non-exclusive license to access your User Content as permitted through the functionality of the Licensed Application and under this EULA. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit. Without limiting the generality of the foregoing, the license in this Section 8(d) will apply to all User Content, including User Content that has been removed from the Come2save.com Service by you or Come2save.com. Except as expressly stated in this EULA, no compensation will be paid to you with respect to Come2save.com’s or its sublicenses’ use of your User Content pursuant to this Section 14(d).
- Representations, Warranties, and Covenants. You represent, warrant, and covenant that (a) you own the User Content posted by you on the Come2save.com Service or otherwise have the right to grant the rights and licenses set forth in Section 8(d); and (b) your posting or transmitting of User Content on or through the Come2save.com Service does not, and will not, infringe, violate or misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you on the Come2save.com Service.
- Third Party Websites and Materials.
The Licensed Application will enable you to access third party services and websites (collectively, “Third Party Sites”), including the websites of Merchants. In addition, the Licensed Application may display, include, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the Licensed Application, you acknowledge and agree that (a) Come2save.com is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Sites; and (b) all purchases and other similar transactions that are facilitated through your use of the Licensed Application are transactions between you and the applicable Merchant and are subject to the additional terms, conditions and restrictions of Offers for such purchase and of the Merchant’s website. We advise you to read such Offer and website terms and conditions and all policies relating to the purchase, including policies regarding sales, returns, warranties, and privacy, before using such Merchant websites. Come2save.com does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or Third Party Sites, the privacy practices of such third parties, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You further acknowledge and agree that Come2save.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through Third Party Materials or Third Party Sites.
Your use of the Licensed Application to purchase products or services from Merchants will not cause Come2save to be a party to such purchases. Come2save is not responsible or liable to you for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant using the Licensed Application, except as may be required by law. The fact that the Licensed Application works with a Merchant website shall in no way constitute an endorsement, authorization, sponsorship or affiliation with such Merchant or its website.
The Licensed Application and all material published in the Licensed Application by or on behalf of Come2save.com, including, without limitation, text, photographs, video, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, ratings, trademarks, service marks, trade names, and trade dress, and other materials in the Licensed Application (collectively, the “Content”), is owned by Come2save.com or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Licensed Application. Come2save.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content and one or more copyrights in and to the Licensed Application. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit the Content or the Licensed Application, except as expressly permitted in this EULA. Copying or storing of Content for other than personal use is expressly prohibited without prior written permission from Come2save.com or the owner of the Content. You further agree not to use the Content or the Licensed Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Come2save.com is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Licensed Application.
- Compliance with Laws.
You represent and warrant that you are either the owner or an authorized user of the Device where the Licensed Application is installed. You may use the Licensed Application only for lawful purposes. The Licensed Application is subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Licensed Application.
- Access to Services.
Come2save.com reserves the right to perform regular or planned or unplanned maintenance to the Licensed Application due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Come2save.com also reserves the right to change, modify, discontinue, disable, suspend or abandon the Licensed Application at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such action by Come2save.com. Come2save.com reserves the right to add features or functions to the Licensed Application. When installed on your computer, the Licensed Application periodically communicates with our servers to request automatic updates when we release a new version of the Licensed Application or when we make new features available.
The Licensed Application and third party services that may be accessed from, displayed on or linked to Licensed Application are not available in all languages or in all countries. Come2save.com makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION IS AT YOUR SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR DEVICE YOU EXPERIENCE FROM USING THE LICENSED APPLICATION) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED ON AN “AS IS,” “WHERE-IS,” AND “WHERE AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF THE LICENSED APPLICATION OR SERVICES ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE LICENSED APPLICATION OR WITH THE TERMS OF THIS EULA, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE LICENSED APPLICATION AND THE CONTENT, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPLICATION PROVIDER OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED APPLICATION, EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH CLAIMS OF DAMAGES MAY HAVE BEEN SUSTAINED ANYWHERE IN THE WORLD IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE UNDER ANY THEORY OR CAUSE OF ACTION. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN APPLICATION PROVIDER’S AGGREGATE LIABILITY FOR ALL CLAIMS BY YOU WILL NOT EXCEED ONE UNITED STATES DOLLAR (USD $1).
You understand that you are personally responsible for your behavior while using the Licensed Application. You agree to indemnify and hold Come2save.com and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Licensed Application or the Come2save.com Service or your violation of this EULA, applicable law, or the rights of any third party.
- Export Restrictions.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country and you are not on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- Commercial Items.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Miscellaneous Provisions.
This EULA and the policies incorporated herein are the entire agreement between you and Come2save.com. They supersede any and all prior or contemporaneous agreements between you and Come2save.com relating to your use of the Licensed Application. This EULA, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by Come2save.com without restriction. If the application of any provision of this EULA to any particular facts or circumstances will be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this EULA will not in any way be affected or impaired thereby and (ii) such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. You agree that, except as otherwise expressly provided in this EULA, there will be no third party beneficiaries to this EULA. The failure of Come2save.com to partially or fully exercise any rights, or the waiver by Come2save.com of any breach of this EULA by you, will not prevent a subsequent exercise of such right by Come2save.com or be deemed a waiver by Come2save.com of any subsequent breach by you of the same or any other term of this EULA. This EULA will be governed by and construed in accordance with the laws of the State of California, without giving effect to any contrary choice of law rules, and applicable United States federal law. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Any controversy or claim arising out of or related to this Agreement or use of the Licensed Application, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, shall be exclusively settled through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, which may be found at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or by searching the American Arbitration Association’s website. One arbitrator shall preside over the arbitration. To the fullest extent allowed under governing law, you agree that this arbitration will only be on an individual basis, and not on a class or collective basis. In any such arbitration, Come2save.com will pay all costs unique to arbitration, except that you shall be required to pay a portion of the filing fee equal to the filing fee for a complaint filed in the state court serving your locale that would otherwise have had subject matter jurisdiction over the dispute. Any cause of action you may have with respect to the Licensed Application must be commenced within one year after the claim or cause of action arises or such claim or cause of action will be barred. This EULA will be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under this EULA. Headings in this EULA are for convenience of reference only and will not affect the interpretation or construction of this agreement. The rights and remedies of Come2save.com under this EULA and any other applicable agreement between you and Come2save.com will be cumulative, and the exercise of any such right or remedy will not limit Come2save.com’s right to exercise any other right or remedy.
- Contact Information.
Please contact us with any questions by clicking on the “Contact Us” link on the Licensed Application or by emailing us at [email protected]