WEBSITE TERMS OF USE AND END USER LICENSE AGREEMENT ("AGREEMENT") FOR 404SEARCH SOFTWARE
PLEASE READ THE FOLLOWING AGREEMENT AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THE SEARCH COMPANION
SOFTWARE. IF YOU DOWNLOAD AND USE THIS SOFTWARE, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE
PRIVACY POLICY.
NOTE: ALL TERMS APPLY BOTH TO THE SEARCH SERVICE AS WELL AS TO THE 404SEARCH WEBSITE(S), WHERE APPLICABLE.
ACCEPTANCE OF TERMS
THIS AGREEMENT GOVERNS YOUR USE OF 404SEARCH'S SOFTWARE, WEBSITE, AND INFORMATION
404Search Inc. ("404Search") offers free downloadable software that allows users to receive enhanced web features and
search results in the form of but not limited to pop-up, pop-under or exit-pop HTML pages which will appear during
your internet session, while browsing the Web. The pop-up advertisements will contain different forms of media
including but not limited to graphical advertisements and paid search listing advertisements that are based on the
context or interpreted meaning of the websites that you are visiting or may have visited in the past. 404Search's
software, (The Software), the information provided by 404Search through its own website and from third parties, and any
other 404Search product or service is referred to collectively as the "Service."
Any person who wishes to use 404Search's Service must agree to the terms and conditions of this Web site Terms of Use and
End User License Agreement for 404Search Software, which includes the 404Search Privacy Policy (collectively, the
"Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is
a binding agreement between you and 404Search.
BY CLICKING "YES" OR DOWNLOADING OR INSTALLING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS
OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE 404SEARCH'S SERVICE.
CHANGES TO THIS AGREEMENT
404SEARCH MAY CHANGE, MODIFY, OR ALTER ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, INCLUDING THE PRIVACY
POLICY AND OTHER POLICIES AND GUIDELINES GOVERNING THE SERVICE, AT ANY TIME IN ITS SOLE DISCRETION. NOTICE OF MATERIAL
CHANGES TO THIS AGREEMENT WILL BE POSTED ON 404SEARCH'S WEBSITE OR ON THE SERVICE BEFORE THEY BECOME EFFECTIVE. YOU ARE
RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES.
YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT
WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE AFTER THE EFFECTIVE DATE OF
SUCH CHANGES AND UNINSTALL ALL 404SEARCH SOFTWARE.
CHILDREN 13 AND UNDER ARE INELIGIBLE TO USE 404SEARCH'S SERVICE
If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using the Service.
By using the Service, you warrant to 404Search that you are above the age of thirteen. In addition, parents or guardians
of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience.
Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
INFORMATION COLLECTED AND STORED BY 404SEARCH'S SERVICE
404Search does not collect any personally identifiable information on you. At times, 404Search may collect and use certain
types of non-personally identifiable information including but not limited to the websites you visit, the time spend on
such websites, your responses to advertisements served by 404Search and third parties, other software that you may have
on your computer and the time spent using that software as well as the amount of time you spend online. NONE of the
above data will ever include personally identifiable information such as your name, address, telephone number and any
other type of information that allows you or other users that share your computer to be identified.
ACCESS TO 404SEARCH'S SERVICE
To use the Service, you must provide all your own equipment to establish a connection to the Internet and provide for
your own access, including paying any fees.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
The Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws
and regulations.
404Search has the right, but not the obligation, to monitor any activity, and content associated with the Service.
404Search may investigate any reported violation of its policies and take any action it deems appropriate, including
terminating your access to the Service without notice.
404Search may report any activity it suspects violates any law or regulation to appropriate law enforcement officials,
regulators, or other third parties. To cooperate with governmental requests, to protect 404Search's systems and users,
to ensure the integrity and operation of 404Search's business and systems, or in response to subpoenas, court orders,
or legal requirements, 404Search may access and disclose any information it considers necessary or appropriate,
including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using
the Service you expressly consent to the foregoing use and disclosure.
PROPRIETARY RIGHTS
Intellectual Property and Copyright Infringement Notice
The Service is controlled and operated by 404Search.com, Inc.
email: customerservice@404Search.com. The Service, and all materials on the Service including images, text,
illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights,'
trademarks, servicemarks, or other proprietary rights which are either owned by 404Search, or owned by other parties who
have licensed their intellectual property to 404Search. The compilation (meaning the collection, arrangement, and
assembly) of all materials on the Service is the exclusive property of 404Search and protected by U.S. and foreign laws
and international copyright treaties. Material from the Service and from any other Service owned, operated, controlled,
or licensed by 404Search may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in
any way. Use or modification of 404Search's intellectual property in any form, including but not limited to use on any
other website or networked computer environment, without express written authorization is a violation of 404Search's
copyrights and other proprietary rights and is strictly prohibited.
Software License
The proprietary software associated with the Search Service which shall be deemed to include any enhancements or
modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the
terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, 404Search
grants to you a personal, nonexclusive, nonassignable and nontransferable license to download, install and use the
Software to and on a single computer and to use the Software solely to use the Service as permitted under this Agreement.
All rights not expressly granted to you by the foregoing sentence are reserved by 404Search. Without limiting the
generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble the
Software, except that you may make one copy of the Software for back-up purposes. You may not use the Software for
any commercial purpose other than in connection with the Service and as permitted hereunder, and you may not transfer,
sell, assign or convey it to another party without 404Search's prior written consent.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless 404Search and its affiliates, and each of their officers, directors,
employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages,
judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any
breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or
using your computer.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT DOWNLOADING ANY SOFTWARE AVAILABLE ON THE INTERNET MAY INCLUDE INHERANT DANGERS, AND 404SEARCH
CAUTIONS YOU AND WOULD LIKE TO MAKE SURE THAT YOU HAVE A FULL UNDERSTANDING OF THESE RISKS BEFORE DOWNLOADING ANY
SOFWARE OFF OF THE INTERNET.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT
USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, 404SEARCH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER 404SEARCH NOR ANY OF ITS
AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I)
THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR
FREE; (II) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III)
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER
HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR
OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (V) THE AVAILABILITY FOR SALE, OR THE
RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (VI) ANY IMPLIED
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VII) THAT THE SERVICE IS NONINFRINGING. 404SEARCH
INTERNET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE 404SEARCH AND ITS AFFILIATES FROM, ANY
AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT,
THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF 404SEARCH OR
ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED, ADDED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE ARE CONSIDERED UPDATES AND ARE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT.
YOU ACKNOWLEDGE THAT SUCH UPDATES MAY PROVIDE NEW FEATURES TO THE SERVICE, AS WELL AS UPLOADING BRAND NEW PROGRAMS
CONVENIENTLY WITHOUT YOUR INPUT OR INTERACTION, INCLUDING BUT NOT LIMITED TO TOOLBARS, CONTEXTUAL SOFTWARE AND
BEHAVIORAL SOFTWARE THAT DISPLAY A SERIES OF ADVERTISEMENTS IN A VARIETY OF FORMS. YOU ALSO ACKNOWLEDGE THAT SUCH
SOFTWARE AND UPDATES TO SOFTWARE MAY WITHOUT FURTHER NOTICE TO YOU, REMOVE, DISABLE OR RENDER INOPERATIVE OTHER ADWARE
OR SPYWARE PROGRAMS INCLUDING BUT NOT LIMITED TO COMPETING PRODUCTS OF 404SEARCH THAT RESIDE ON YOUR COMPUTER, INCLUDING
SOFTWARE OR PROGRAMS THAT MAY BE BUNDLED WITH SUCH ADWARE OR SPYWARE.
SOME UPDATES AND INITIAL DOWNLOADS OF THE SERVICE MAY INCLUDE THIRD PARTY SOFTWARE THAT CONTAINS OTHER LICENSING
AGREEMENTS OR ARRANGMENTS BETWEEN THE THIRD PARTY AND YOURSELF. THE THIRD PARY SOFTWARE, WHILE INCLUDED WITH THE
SERVICE WHEN DOWNLOADED IS SUBJECT TO DIFFERENT LICENCING AGREEMENTS WHICH YOU SHOULD READ CAREFULLY. BY DOWNLOADING
AND USING THE THIRD PARTY SOFTWARE YOU ARE ACCEPTING THAT THIRD PARTY'S LICENSING AGGREEMENT AND ACKNOWLEDGE THAT YOU
HAVE READ AND ACCEPTED THEM. 404SEARCH DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY RESPONSIBILITY
FOR OR LIABILITY ASSOCIATED OR RELATED TO THE THIRD PARTY SOFTWARE. THE THIRD PARY SOFTWARE IS PROVIDE "AS IS" AND
"WITH ALL FAULTS". 404SEARCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SAFETY, SUITABILITY,
USABILITY OR QUALITY OF THIRD PARY SOFTWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIES
WARRENTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITED
BY LAW, IN NO EVENT WILL 404SEARCH BE LIABLE FOR ANY DIRECT, INDERECT, PUNATIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES HOWEVER THEY MAY ARISE OF APPEAR EVEN IF 404SEARCH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
THIS 404SEARCH AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRONCIPALS OF
CONFLICT OF LAWS. YOU CONSENT TO EXCLUSIVE JURISTICTION AND VENUE OF THE STATE OF NEW YORK AND THE COUNTY OF ERIE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL 404SEARCH OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY
ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR
OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR
WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR
DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR
OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.