NOTE: ALL TERMS APPLY BOTH TO THE TOOLBAR SERVICE AS WELL AS TO THE IRECESS WEBSITE(S), WHERE APPLICABLE.
ACCEPTANCE OF TERMS THIS AGREEMENT GOVERNS YOUR USE OF IRECESS'S SOFTWARE, WEBSITE, AND INFORMATION.
Irecess Inc. ("Irecess") offers free downloadable software ("Ad Survey Tool" or "Toolbar Service") that allows users to receive enhanced information about Web pages, websites and products while browsing the Web. Irecess's software, the information provided by Irecess through its own website and from third parties, and any other Irecess product or service is referred to collectively as the "Service."
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, 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 IRECESS'S SERVICE.
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 IRECESS SOFTWARE.
To uninstall any Irecess Software that is on your computer, please visit the Help section of the Software, or see standard software removal procedures for your operating system.
If access to a particular website is restricted, we may remove the link to that site from the Service at the site operator's request. If, however, the operator of the site does not take steps to prevent it, the automatic software used to create Irecess's Service is likely to find it and index it again. Instructions for configuring a site to make it "invisible" to Irecess's automatic indexing software are available at Webmaster Support.
Irecess is a Web Information Company. We measure Internet activity in order to understand trends, help people discover new content, and help people make better online decisions. Many of people download Irecess toolbars or browser exensions to help measure the web. In return, Irecess may provide toolbar users with information about Internet trends, website popularity, new and exciting topics, and related content.
NOTE: Irecess'S TOOLBAR SERVICE COLLECTS AND STORES INFORMATION ABOUT THE WEB PAGES YOU VIEW. IN SOME CASES, INFORMATION COLLECTED BY THE TOOLBAR SERVICE MAY BE PERSONALLY IDENTIFIABLE, BUT PRIVACY IS IMPORTANT AT IRECESS, AND WE DO NOT ATTEMPT TO ANALYZE WEB USAGE DATA TO DETERMINE THE IDENTITY OF ANY IRECESS USER.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing and improving our services, and communicating with you.
Automatic Information We Collect From the Toolbar Service: When you use the Toolbar Service, we collect information about the websites you visit and the advertisements that you see on those websites, the searches you perform using search engines and when you use the "search" function of the Toolbar Service, the ways in which you use various Toolbar Service features (including whether the Toolbar Service is still installed on your computer), and the pages you view. Although this information may contain some personally identifiable information, Irecess does not use it to determine the identity of individual users or correlate it to your email address or other personally identifiable information that you give us or our affiliates, except as required by subpoenas, court orders, or other legal requirements.
Automatic Information We Collect from Our Website: We receive and store certain types of information whenever you interact with our website. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses Irecess.com, when you use the Toolbar Service, or when you view advertisements and other content served by or on behalf of Irecess.com on other Web sites.
Information from Other Sources: We might receive information about you from other sources, like social networks.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Businesses We Do Not Control: We may offer search or other services that are powered or provided by another company. You can tell when a third party is involved in a given service offering, and, if you choose to use the service, we will share information related to your use of the service with that company. For example, if you use a third-party search engine offered through our Toolbar Service, we will transmit your search term and IP address to that company so that it can provide you with the requested search results. Likewise, if you download our Toolbar Service from a third party website, the Toolbar Service may display the third party's brand, and consequently that third party may receive information about your use of the Toolbar Service.
Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include storing and analyzing data, providing search results and links (including paid listings and links), and providing customer service. They have access to user information needed to perform their functions, but may not use it for other purposes.
Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the event that Irecess or substantially all of its assets are acquired, user information will of course be one of the transferred assets.
With Your Consent: Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Irecess segregates certain personally identifiable and other information about your use of Irecess's services into separate databases, some of which can be accessed only by a limited number of employees.
If you have an Irecess account, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
You may disable the Toolbar Service from reporting information about your web surfing activities and/or statistics about your use of the Toolbar Service by using the Options menu in the Toolbar Service.
You may disable the Toolbar Service from sending Irecess any web page, advertisement, or search term information by turning off all Web Information features listed in the Options menu in the Toolbar Service.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. The Toolbar Service enables you to update certain browser configuration settings, such as your home page or your default search provider. If supported, you may configure these options during the installation process and in the Options menu in the Toolbar Service.
Irecess is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any Review posted on the Service. Any reliance by you on any such opinion, advice, statement, recommendation or other information in a Review shall be at your sole risk.
Without limiting the foregoing, Irecess retains the right but not obligation in its absolute and sole discretion to screen, edit, or delete any Review or other content displayed, uploaded to, distributed, or otherwise published through the Service and to prevent or restrict access to the Service for any reason, including to purge Reviews, or take any other action to restrict access to or availability of material.
Further, the process of including websites in Irecess's Service is largely automatic. Irecess does not screen the websites included in the Service, and these other websites are maintained by persons over whom Irecess exercises no control. For these reasons, Irecess assumes no responsibility for the content of any website or URL included in the Service and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the Service.
Irecess occasionally receives requests to change or remove websites listed in the Service. Irecess reserves the right to address such requests on a case-by-case basis, and our editors will review and seriously consider the new suggestions that people enter.
Irecess has the right, but not the obligation, to monitor any Review, activity, and content associated with the Service. Irecess may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice.
Irecess 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 Irecess's systems and users, to ensure the integrity and operation of Irecess's business and systems, or in response to subpoenas, court orders, or legal requirements, Irecess 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.
Notification and Procedure for Making Claims of Copyright Infringement You may notify Irecess if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with Title 17, United States Code, Section 512(c)(2), Irecess has designated a Copyright Agent to receive any such notification. Irecess's Copyright Agent may be contacted at: firstname.lastname@example.org
If you wish to notify Irecess's Copyright Agent of a claim of copyright infringement, please provide written notice or email. Your notice must contain the following information:
Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Irecess grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof or any Reviews and making any derivative works based upon or distributing or copying the Service or any Reviews, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Irecess and its affiliates without express written consent of Irecess. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Irecess and its affiliates without the express written consent of Irecess and its affiliates. Any unauthorized use terminates the permission or license granted by Irecess in this paragraph.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Irecess INTERNET 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 Irecess 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. Irecess INTERNET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE Irecess INTERNET 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 Irecess INTERNET OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE Irecess INTERNET AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Any rights not expressly granted herein are reserved. Contact us with questions or problems, as appropriate.