ShopTool

ShopTool End User License Agreement

The ShopTool License Agreement ("License Agreement") is the legal agreement between you (either an individual or an entity) and ShopTool ("Company” or "us" or "our" or "we") for downloading, using and accessing our proprietary software the “ShopTool shopping for online coupons and deals” application software ("Software"). Please read this License Agreement carefully. BY DOWNLOADING, COPYING, ACCESSING, INSTALLING THE SOFTWARE ON YOUR PERSONAL COMPUTER AND/OR BY OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU KEEP A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT YOU MAY NOT DOWNLOAD, COPY, ACCESS OR INSTALL THE SOFTWARE OR ANY PART THEREOF, AND MAY NOT USE IT IN ANY MANNER WHATSOEVER. 1) THE SOFTWARE AND SERVICES. The Software enables you to get the best deals and coupons when shopping online (“Deals”). The provider of said Deals is either the Third Party Advertiser or its licensor(s). We assume no responsibility for the Deals, related content, privacy policies, or practices of any such Third Party Advertisers. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Advertisers that you may choose to interact with, purchase, click or buy from. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, the Deals and Third Party Advertiser. You are solely responsible for your choice to access or rely on any Deals, and you do so at your sole discretion and risk. You are knowingly and voluntarily assume all risks of using the Deals via the Software, and you expressly release us from any and all liability arising from your use of, or reliance on any Deals. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMAPNY BE LIABLE IN ANY WAY FOR ANY THIRD PARTY ADVERTISERS OR DEALS, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY THIRD PARTY ADVERTISERS OR DEALS, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE AND/OR DISPLAY AND/OR PERFORMANCE OF ANY THIRD PARTY ADVERTISERS OR DEALS TRAMSMITTED, DISPLAYED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE SOFTWRAE OR SITE. This License Agreement sets forth the basis on which you are permitted to access and use the Software including, without limitation, the Deals, and associated services ("Service”) provided to you by the Company. Your use of the Software, Service and Site signifies your understanding and agreement that such use is entirely at your own risk. You agree to use the Software, Service and Site solely for your personal use. You agree not to transfer or resell the Service or Software, in whole or in part, to any third party, or allow unauthorized access to the Service or Software, by any third party. You are solely responsible and liable for any activity by any person who uses the Service or Software. We reserve the right to amend this License Agreement at our sole discretion with immediate effect upon posting the amended License Agreement on the Site. Your continued use of the Software, following any revision of the License Agreement, constitutes your complete and irrevocable acceptance of any and all such changes. ShopTool works by including javascript code in the loaded web page, the Javascript code then analyzes the page content and if a relevant enhancement content is found it is then automatically added to the page. ShopTool is completely browser independent, in order to support all common browsers, browser versions and browser automatic updates, the inclusion of the javascript code is done on the operating system level. some browsers may require enabling operating system and browser features that are disabled by default, including but not limited to enabling operating system events Service Accessibility, and enabling browser / operating-system Javascript support. By approving to install the software the user allows the software to enable the features above in order for the software to work properly. 2) GRANT OF LICENSE. Subject to your acceptance of and full compliance with this License Agreement, we hereby grant you a personal, revocable, non-exclusive, non-transferable and non-sub-licensable right to install the Software solely for your own personal, non-commercial use and always in accordance with this License Agreement. The Software may not be used for any other purposes without our prior written consent. USE FOR COMMERCIAL PURPOSES. In the event that you would like to receive a license to use the Software for commercial purposes, you are required to contact us in advance, at contact@macshoptool.com in order to purchase such license under the terms of a license agreement, which shall be provided to you separately. 3) RESTRICTIONS ON USE Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Software and Service, including without limitation, from any user profile, or any other portion of the Software, Service or the Site, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, Service or the Site, the Software communications protocols or any information available on, derived or extracted from the Service or any part of the foregoing. You further agree not to use the Software, Service or the Site to infringe upon any third party's rights, including without limitation third party's intellectual property rights, or to damage, interfere, disrupt or harm the Company or the Software, Service or the Site in any way. You will use the Software, Service or the Site in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using the Software, Service or the Site;(ii) use the Software, Service or the Site for any fraudulent or inappropriate purpose; or (iii) act in any way that violates the Software, Service or the Site policies, as may be revised from time to time. We reserve the right, at our sole discretion, to limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software or the Service at any time. 4) ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT AND THIRD PARTY MATERIALS You understand and agree that we may review and remove or block any content of any kind that under our sole discretion violates this License Agreement or which might be offensive, illegal, inappropriate, and unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Software or the Service ("Abusive Content"). In addition, each user of the Software or Deals may notify us that it considers certain content to be Abusive Content and provide reasons supporting such notification. We shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user's ability to use content in breach of this License Agreement. 5) PRIVACY POLICY We do not collect or use any personal identifying information in connection with the Software and Service, we only collect aggregated non identifying information all in accordance with our privacy policy, which is available at http://www.macshoptool.com/about/PRIVACY/ . 6) THIRD PARTY SITES The Software and Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by the Company. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. You are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and you expressly release us from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit. 7) ADVERTISEMENTS We use third party advertising and marketing companies to display advertisements on the Site or through the Software and Service. These ads may contain cookies. We do not have access to information that would confirm the use of cookies by the advertising company. Furthermore, we have no control over the content of any such advertisements and the existence of the advertisements shall not be construed as an endorsement by the Company of the advertisement or their content. 8) UPGRATE AND UPDATES We may provide you, from time to time, with upgrades, updates or fixes, as detailed below at our sole discretion. You hereby warrant that you will keep the Software up-to-date and install all relevant updates and fixes, and may, at your sole discretion, purchase upgrades, according to the rates set by us. Some of these upgrades and updates shall be performed automatically and will not require any action from your side. 9) INTELLECTUAL PROPERTY RIGHTS The (i) Software, Site and Services; and (ii) the trademarks, service marks and logos contained therein ("Marks") are the exclusive property of the Company or of its licensors or affiliates, and may be protected by applicable copyright or other intellectual property laws and treaties. You acknowledge and agree that we own or are licensed to use all rights, titles and interests in and to the Software, Site and Marks, including without limitation all intellectual property rights therein and thereto. This License Agreement does not convey to you any interest in or to the Software, but only a limited, revocable right of use in accordance with the terms of this License Agreement and you acknowledge and agree that except for such limited right, under no circumstances do you acquire any right, title or interest to any part of the Software, or any related materials. If you send us or otherwise share with us any ideas, comments, or suggestions regarding the Software, Site, or Marks, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent. 10) DISCLAIMER OF WARRANTIES THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS (ON BEHALF OF ITSELF, ITS SUBSIDIERIS AND ITS AFFILIATESANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED BY THE COMPANY ITS AFFILIATES OR SUBSIDIERIES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT THE SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. 11) LIMITATION OF LIABILITY TO THE EXTENT PREMMITED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, , SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. IN NO EVENT WILL THE COMPANY'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED THE ACTUAL CONSIDERATION RECEIVED BY THE COMPANY FOR THE USE OF THE SOFTWARE AND SERVICE. 12) INDEMNIFICATION By agreeing to use the Software, Service or Site, you agree to defend, indemnify and hold the Company, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Software, Service or Site or related to any breach of this License Agreement by you or any user authorized by you. 13) CANCELLATION AND TERMINATION The Company may, at its sole discretion, terminate the Service, permanently or temporarily, at any time and without cause. 14) PROVISIONS UNENFORCEABLE OR INVALID If any provision of this License Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, and the original intentions of the parties and the remaining provisions shall remain in full force and effect. 15) ASSIGNMENT You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this License Agreement. We may transfer, assign sublicense or pledge in any manner whatsoever, any of our rights and obligations under this License Agreement to a parent, subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. 16) ENTIRE AGREEMENT This License Agreement and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 17) NO WAIVER Failure or delay of the Company to exercise any right, power or remedy under or to require or enforce strict performance by you of any provision of this License Agreement shall not be construed as a waiver or relinquishment of any such right, power or remedy. 18) GOVERNIGN LAW AND DISPUTES The License Agreement and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the License Agreement or your use of, or inability to use, the Software or Service shall be filed exclusively in the competent courts of Tel Aviv-Yaffo and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you have any questions (or comments) concerning this License Agreement, you are most welcomed to send us an e-mail at: contact@macshoptool.com and we will make an effort to reply within a reasonable timeframe. 19) CONTACT INFORMATION If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at http://www.macshoptool.com/about/CONTACT/ or contact@macshoptool.com .
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