Terms and Conditions
Thank you for trying Consumer Confidence Toolbar software (the "Toolbar"). By using ConsumerConfidence.net (the "Site") and/or downloading and using the Toolbar, and any third party software made available through or in connection with the Site or the Toolbar ("Third Party Software"), you agree to be bound by the following terms and conditions (the "Terms and Conditions"). This Site and the CC Toobar are the property of PCSecurityShield (hereinafter referred to as "Us" "We" "Our" or "the Company"). The Toolbar and Third Party Software shall be referred to collectively in these Terms and Conditions as "Software."
We reserve the right, in our sole discretion, to modify, add, or remove any portion of these Terms and Conditions at any time and for no reason or any reason at all. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site and/or Software following the posting of changes will mean that you accept and agree to the changes.
Intellectual Property
You acknowledge that we own all right, title and interest in and to the Toolbar and the Site, portions thereof, including without limitation all Intellectual Property. "Intellectual Property" means any and all software and content provided through or in conjunction with the Site and/or the Toolbar, and all of our owned and licensed rights and property existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or the Site. You also agree to not remove, obscure, or alter our copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Software or the Site.
Except as expressly permitted in these Terms and Conditions, no part of the Site, the Software or Intellectual Property may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise without our prior written consent.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Intellectual Property, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Intellectual Property, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any of our other customers, including any account with us not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site, Software, or any Intellectual Property for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or others.
Other Terms
Our obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.
The terms of the End User License Agreement also govern and apply to your use of the Site and the Software, and they are incorporated herein by this reference. The End User License Agreement may be changed from time to time and is effective immediately upon posting such changes on the Site. To view the End User License Agreement, click here.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to create an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of the Site due to someone else using your username, password or account.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from or in connection with your failure to comply with these obligations.
Privacy
Our Privacy Policy applies to use of this Site, and its terms are hereby incorporated by reference into and made a part of these Terms of Use. To view our Privacy Policy, [click here]. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Our Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). Linked Sites are provided solely as a convenience to users of this Site. Linked Sites are not under our control, and we are not responsible for and do not endorse the content of Linked Sites, including any information or materials contained on Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.
Disclaimer of Warranties
WE DO NOT PROMISE THAT THE SITE, ANY INTELLECTUAL PROPERTY, OR ANY SERVICE OR FEATURE OF THE SITE (INCLUDING, WITHOUT LIMITATION, SOFTWARE), WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF ANY OF THE FOREGOING WILL PROVIDE SPECIFIC RESULTS. THE SITE, SOFTWARE, AND THE INTELLECTUAL PROPERTY ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON OR THROUGH THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE (INCLUDING, BUT NOT LIMITED TO, SOFTWARE) WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ANY AND ALL (a) WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (b) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SOFTWARE, AND (c) LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, SOFTWARE, INTELLECTUAL PROPERTY, AND/OR ANY OF OUR SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SOFTWARE, INTELLECTUAL PROPERTY, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE, SOFTWARE, ANY OF OUR SERVICES, OR ANY INTELLECTUAL PROPERTY IS TO STOP YOUR USE THEREOF. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF SOFTWARE ARE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, HARDWARE AND SOFTWARE, AND ANY AND ALL LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SOFTWARE.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason, (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms, and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE, SOFTWARE, OR INTELLECTUAL PROPERTY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED, REGARDLESS OF WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, SOFTWARE, FROM INABILITY TO USE THE SITE, ANY SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE, SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, SOFTWARE, OR ANY INTELLECTUAL PROPERTY, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY OF OUR HARDWARE OR SOFTWARE PRODUCTS), OR (B) $50.00USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Any claim under these Terms and Conditions must be brought within one year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
Indemnity
You agree to defend, indemnify and hold the Company, its officers, directors, equity holders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees and at the appellate level), made against the Company by any third party due to or arising out of or in connection with your use of the Site, the Intellectual Property, and/or Software.
Violation of These Terms of Use
You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if we determine that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms and Conditions, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of the Company, its employees, users of or visitors to the Site, and the public.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification of the Site or any service offered on or through the Site, or (d) unexpected technical issues or problems.
If the Company takes any legal action against you as a result of your violation of these Terms and Conditions, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action (including any incurred at the appellate level), in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
Controlling Law and Jurisdiction and Venue.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Palm Beach County, Florida, and waive any objection to such jurisdiction or venue.
Export Control.
You may not use or export or re-export any Intellectual Property or any copy or adaptation of such Intellectual Property, or any product or service offered on or through the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Miscellaneous.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions 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. We will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms and Conditions, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
Any feedback you provide at this site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
Last Updated: September 4, 2008
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