Last Revision: 5/16/2015
iConsumer Button End User License Agreement
IMPORTANT - PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY. USING THE ICONSUMER.COM WEB SITE, OR BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE ICONSUMER BROWSER APP (ICONSUMER BUTTON), YOU AGREE TO THE TERMS OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE ICONSUMER SITE OR DOWNLOAD, INSTALL, ACCESS OR USE THE BROWSER APP (defined herein). THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITY (see Sections 3 and 9) AND AN EXCLUSIVE REMEDY (see Section 9(b)). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
NOTE THAT SECTION 8 OF THIS EULA CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS EULA.
- Grant of License
- Disclaimer of Warranty
- Prohibited Actions
- Uninstalling the iConsumer Button
- Updates to the iConsumer Button and Modifications to EULA
- Termination of EULA
- Dispute Resolution
- Limitation of Liability, YOUR EXCLUSIVE REMEDY
- YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
- Export Restrictions
- General Terms of EULA
This EULA is a legal agreement between you and iConsumer Corp., d/b/a iConsumer ("We", "Our", "Us" or "iConsumer"). This EULA governs the iConsumer Button and your use of the iConsumer Button.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
YOU MAY NOT USE THE ICONSUMER BUTTON FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS EULA. YOUR ACCESS TO THE ICONSUMER BUTTON APP MAY BE TERMINATED IMMEDIATELY IN iConsumer’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS EULA AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
Using the iConsumer Button
When you visit a website, whether typing in the URL or clicking a link (including from a search engine results page), the iConsumer Button recognizes whether the URL is that of an Affiliate Store, and, if so, may redirect you through the affiliate network site to the Affiliate Store's website, at which time, a tracking cookie will be placed in your browser. This cookie is the tracking mechanism that will follow your transaction with the Affiliate Store, to allow for credit of Cash Back Rewards.
The iConsumer Button may notify you via an alert or slider in your web browser if there are coupons, discounts or special deals available at the Site. If you click on an alert, you will be taken to the Site, and if you outclick from the Site to the Affiliate Store, you will be credited with the percentage Cash Back Reward identified on the Site for any purchase you make during that session. If a slider or other alert appears, you must click on the slider to be credited with the full percentage Cash Back Reward identified on the Site for your purchase at the Affiliate Store site. (In some cases, this is when the cookie drop occurs.) If you do not click the slider or click through to the Affiliate Store through the Site from the alert, you may not have any Cash Back Rewards credited to your Member account from any purchase you make at the Affiliate Store, or it may be less than the full percentage otherwise offered by going through the Site or slider. All Cash Back Rewards offered through the iConsumer Button are subject to the Terms and Conditions.
The iConsumer Button may also interact with search engines, Affiliate Stores and other web sites to identify Affiliate Stores, or provide additional comparison coupon, discount or special deal content. The iConsumer Button has the ability to inject such content into search results in your browser. Such content will be identified as iConsumer content.
We reserve the right to change, add to or discontinue any portion of the iConsumer Button and the Affiliate Store database in any way, in our sole discretion at any time without advance notice. If we make a material change to the functionality of the iConsumer Button, we will send you notification of the material change giving you the opportunity to upgrade. Please let us know of any questions, concerns or problems you have relating to the iConsumer Button by contacting us at http://support.iConsumer.com.
You agree that iConsumer and iConsumer’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your browser, location, date and time of iConsumer Button use, system and application software, and peripherals, as well as your browsing history, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the iConsumer Button. You grant iConsumer the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which iConsumer believes you may be interested, including working with third parties who provide targeted advertising content.
If the iConsumer Button requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify iConsumer immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the iConsumer Button. iConsumer is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
2. Grant of License
Subject to the terms of this EULA, iConsumer grants to you a revocable, non-exclusive, non-transferable, limited license to install and use the iConsumer Button for personal use only and in accordance with the Terms and Conditions and this EULA and in the United States and Canada. iConsumer reserves all ownership rights, interests and title of and to the iConsumer Button, including all intellectual property rights in and to the iConsumer Button. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY iConsumer. As between you and iConsumer, all title and copyrights in and to the iConsumer Button (including but not limited to any images, photographs, animations, video, audio, music, text, and other features incorporated in the iConsumer Button, but excluding any trademarks or copyrighted images or text owned by third parties, which belong to the respective third parties), the accompanying printed materials, and any copies of the iConsumer Button, are owned by iConsumer. Except as expressly permitted by this EULA, you may not copy the iConsumer Button or any other materials related to the iConsumer Button. You agree: (i) to hold in the strictest confidence all program code and other elements of the iConsumer Button, (ii) not to, directly or indirectly, sublicense, rent, sell or lease any portion of the iConsumer Button; (iii) not to, directly or indirectly, reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the code of the iConsumer Button or create derivative works; (iv) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the iConsumer Button to any third party, and (v) not to make use of the iConsumer Button other than for the permitted purposes under this EULA.
3. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICONSUMER AND ITS AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, ENJOYMENT, QUALITY AND NON-INFRINGEMENT WITH REGARD TO THE BROWSER APP. THERE ARE NO WARRANTIES NOT EXPRESSLY STATED IN THIS EULA. THE BROWSER APP IS PROVIDED "AS IS" WITH "ALL FAULTS" AND "AS AVAILABLE." THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE BROWSER APP OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE BROWSER APP IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE BROWSER APP NOT WORKING AS INTENDED, OR DAMAGING ANY HARDWARE OR OTHER SOFTWARE, OR FAILURE OF THE BROWSER APP RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY iConsumer OR AN AUTHORIZED REPRESENTATIVE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. SHOULD THE BROWSER APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
4. Prohibited Actions
You are prohibited from making any changes or asking others to make changes to the iConsumer Button, or using the iConsumer Button together with any third party products or services. Any enhancements, adaptations, alterations or modifications to the iConsumer Button shall remain the exclusive property of iConsumer.
You shall not use the iConsumer Button to provide or send information or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violates any applicable law, rules, regulations or iConsumer policies. You shall not use the iConsumer Button to introduce any virus, worm, built-in or use-driven destruction mechanism, injurious or damaging algorithm, time bomb, trojan horse or other software or hardware for any reason.
iConsumer may in its sole discretion and for any reason at any time without notice discontinue your right to access and use the iConsumer Button. Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the iConsumer Button or this EULA.
You must be at least 18 years of age in order to enter into this EULA for the licensing of the iConsumer Button and install and use of the iConsumer Button. As a condition of your using our iConsumer Button, you represent and warrant that you are at least 18 years old.
iConsumer has no control over third party sites which you may access, including those sites which are linked to our Site. Therefore, we are not responsible for the content or function of any other site, and disclaim any liability for any aspects of any sites you access via direct access or access through our Site or iConsumer Button functionality. You may be subject to terms and conditions by such third party sites.
5. Uninstalling the iConsumer Button
You can uninstall the iConsumer Button at any time and at your discretion. Uninstalling the iConsumer Button is necessary to stop all tracking activities associated with the iConsumer Button and is your sole responsibility.
If you encounter difficulties removing the iConsumer Button, please contact us at http://support.iConsumer.com.
6. Updates to the iConsumer Button and Modifications to EULA
iConsumer may, from time to time, update the iConsumer Button. We may, in our sole discretion, update or upgrade the iConsumer Button (including versions that you have already installed) at any time without notice; however, you are responsible for ensuring that you are using the most current version of the iConsumer Button. Notice of material changes to the iConsumer Button will be provided via a Browser App notification, and, if applicable, you will be given the opportunity to upgrade. We shall have no responsibility or liability for the use of the iConsumer Button other than the most recently available iConsumer Button and only to the extent set forth herein.
We reserve the right to make changes to this EULA. Please check this page periodically for changes. Additionally, we will e-mail you if we make a material change to this EULA. Any such modification constitutes a successor EULA. Continued use of the iConsumer Button indicates your acceptance of such successor EULAs. If you do not accept any such successor EULAs you must uninstall the iConsumer Button from your computer. Failure to uninstall the iConsumer Button constitutes acceptance of the successor EULA.
7. Termination of EULA
This EULA will remain in effect until it is terminated by you or by us. You may terminate this EULA at any time by uninstalling the iConsumer Button and destroying all copies of the iConsumer Button. We may terminate this EULA, in our sole discretion, if you do not comply with all of the terms and conditions of the EULA, or for lack of use. We also may terminate this EULA at any time for any reason if we discontinue support of the iConsumer Button. If the EULA is terminated for any reason, your rights to use the iConsumer Button will immediately cease and you must uninstall the iConsumer Button and all copies of the iConsumer Button must be destroyed. All provisions of the EULA relating to disclaimers of warranties, limitation of liability, remedies, damages, or our proprietary rights shall survive such termination. You agree that we will not be liable to you or to any third party for any termination of the EULA or access to the iConsumer Button.
8. Dispute Resolution
(a) Purpose. If you have a Dispute (as defined below) with iConsumer that cannot be resolved through an informal dispute resolution with us, you or iConsumer may elect to arbitrate that Dispute in accordance with the terms of this Dispute resolution provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
(b) Definitions. The term "Dispute" means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute resolution provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Dispute resolution provision, "iConsumer" means iConsumer Corp., d/b/a iConsumer and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents.
(c) Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER THE DATE THAT YOU FIRST DOWNLOAD THE BROWSER APP BY VISITING http://support.iConsumer.com , OR BY MAIL TO ICONSUMER AT SUITE 351 19821 NW 2ND AVE MIAMI GARDENS, FL 33169. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH iConsumer THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY iConsumer. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
(d) Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or we elect to resolve your Dispute through arbitration pursuant to this Dispute resolution provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
(e) Arbitration Procedures.
(i) Because the Service(s) provided to you by iConsumer concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability
of all Disputes. However, applicable federal law or the law of the state where you receive the service from iConsumer may apply to and govern the substance of any Disputes.
Any state statutes pertaining to arbitration shall not be applicable under this Dispute resolution provision.
(ii) If there is a conflict between this Dispute resolution provision and the rules of the arbitration organization chosen, this Dispute resolution provision shall govern. If the
arbitration organization that you select will not enforce this Dispute resolution provision as written, it cannot serve as the arbitration organization to resolve your dispute with us.
If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of
appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute resolution provision as written. If there is a conflict between this Dispute resolution
provision and the rest of this EULA, this Dispute resolution provision shall govern.
(iii) A single arbitrator will resolve the Dispute. Participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen
to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential
or proprietary information.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any
court having jurisdiction over the parties for purposes of enforcement.
(v) If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a
written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according
to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue
its decision within one hundred twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except
for any appellate right which exists under the FAA.
- (i) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
- (ii) ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
(g) Location of Arbitration. The arbitration will take place in Chicago, Illinois.
(h) Payment of Arbitration Fees and Costs. ICONSUMER WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN OUR FAVOR, YOU SHALL REIMBURSE US FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE US FOR ANY OF THE FEES AND COSTS ADVANCED BY US. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, WE WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
(i) Severability. If any clause within this Dispute resolution provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this Dispute resolution provision, and the remainder of this Dispute resolution provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Dispute Resolution provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Dispute resolution provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Dispute resolution provision, you and iConsumer have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
(j) Exclusions from Arbitration. YOU AND iConsumer AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (i) ANY CLAIM FILED BY YOU OR BY iConsumer THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (ii) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (iii) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.
(k) Continuation. This Dispute resolution provision shall survive the termination of your customer relationship with iConsumer.
9. Limitation of Liability, YOUR EXCLUSIVE REMEDY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, THE AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS EULA, THE USE OF OR INABILITY TO USE THE BROWSER APP OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR OTHER SOFTWARE, OR BY THE COMBINATION OF OUR BROWSER APP WITH ANY OTHER SOFTWARE. IN ANY CASE, WE, THE AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO TWO HUNDRED AND FIFTY DOLLARS ($250.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF iConsumer AND ITS AFFILIATES, ARISING OUT OF OR RELATED TO THIS EULA, AND/OR THE BROWSER APP SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO TWO HUNDRED AND FIFTY DOLLARS ($250.00). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
(c) THE LIMITATIONS IN THIS SECTION 9 SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER SECTION 9(a) IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.
10. YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
You are fully responsible for your activities using the iConsumer Button. You shall not use the iConsumer Button in any way that is unlawful or that harms us or any other party in any way. Your use of the iConsumer Button is subject to all applicable local, state, national and international laws and regulations. You represent and warrant that you will use the iConsumer Button only for the purposes permitted herein, that any information you submit to iConsumer accurate and otherwise complies with this EULA, and that you will promptly notify iConsumer if any of your information changes. iConsumer makes no representation that the iConsumer Button is appropriate or available for use in particular locations. You will not use the iConsumer Button for any commercial purpose not expressly approved by iConsumer in writing.
11. Export Restrictions
You acknowledge that the iConsumer Button licensed hereunder is subject to the export control laws and regulations of the United States. You confirm that with respect to the iConsumer Button, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the iConsumer Button may include technical data subject to export and re-export restrictions imposed by United States law. You agree to comply with all applicable international and national laws that apply to the iConsumer Button, as well as end-user, end-use and destination restrictions issued by the United States and other governments.
12. General Terms of EULA
The laws of the State of Deleware govern the performance and interpretation of this EULA, without regard to any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this EULA.
This EULA, as it may be modified from time to time, constitutes the entire agreement under which iConsumer allows you to use the iConsumer Button. If there are any provisions or clauses in this EULA which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in force.
In addition to any other limitations which may be set forth herein, we shall not be responsible for events which are out of our control and which negatively impact the performance or use of the iConsumer Button, such as acts of God, acts by governmental authorities, or other acts not within our control.
The terms of this EULA are in addition to the terms of the Terms and Conditions which you agreed to when you became a Member in the iConsumer program. In the event of any conflict between the terms of this EULA and the terms of the Terms and Conditions, the terms of this EULA shall prevail.
iConsumer may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the iConsumer Button. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the iConsumer Button by others using the device.
You acknowledge and agree that your use of the iConsumer Button may involve you providing an “electronic signature” indicating your desire to use the iConsumer Button. Your “electronic signature” indicates your acceptance of this EULA, and your consent to receive communications about this EULA electronically. If you wish to receive communications in another manner, you may contact us at support@iConsumer to change your communication preferences. You may not use or otherwise export or re-export the iConsumer Button except as authorized by United States law and the laws of the jurisdiction in which the iConsumer Button was obtained. In particular, but without limitation, the iConsumer Button 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.