Online Explorer Toolbar Builder Trial Agreement

Welcome to Softomate LLC (the "Company"). This Online Explorer Toolbar Builder Trial Agreement (the "Agreement") explains the terms and conditions governing your use of the Company Online Explorer Toolbar Builder Service (the "IETB Service"), and any other content available on the IETB Service. By checking the box and clicking on the Create Account button on the registration page, you accept these terms and conditions and acknowledge that the IETB Service is subject to certain limitations set forth below. If you do not wish to accept this Agreement, do not proceed with the registration. By registering for a free trial of the IETB Service, you agree to use the IETB Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.

1. Services
(a) Registering for a free IETB Service provides registered Users (each a "User") with an access to Company's online IETB with the following limitation:
- the User's Toolbar can be created, modified and previewed by the User ONLY and can not be distributed.;

(b) IETB Services and Technology: You will be able to use the proprietary and licensed technology incorporated in the IETB Service to build your Custom IE Toolbar ("IE Toolbar").

2. Payment Terms
(a) You may use the IETB Service in the trial mode for free.

(b) You may upgrade to any of IETB Service packages at any time. Company is not responsible for any damages to you or your business in the event you decide not to purchase any of the IETB Service packages.

(c) Company reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 3.

3. Changes to the Terms and Conditions
Company may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the IETB Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 6. Your use of the IETB Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the IETB Service, and its pricing.

4. Information About You and Your Business
(a) Company is committed to protecting your privacy. Company will never sell personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy.
(b) In order to protect you, Company uses state-of-the-art technology to protect your data from unauthorized third parties. Currently Company uses Secure Sockets Layer (SSL) software to protect your data and secure your transactions. SSL encrypts your name, credit card data, and billing address, as it is transmitted over the Internet.

5. Company Rights
(a) IE Toolbar Changes. Company reserves the right to make changes to IE Toolbar upon written request by you to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by Company at its sole discretion. User agrees not to hold Company liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to IE Toolbar in response to User request to do so or in response to a IE Toolbar that breaches this Agreement. Company 's decisions are final and binding. Notwithstanding the above, Company also reserves the right to discontinue the provision of any or all aspects of the IETB Service to any User for any breach of this Agreement.

(b) Communications. You will receive a confirmation email from us at the time of registration. Company reserves the right to communicate with all Users regardless of their email subscriptions in the event that important messages need to be communicated to Users, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Trial Agreement.

6. Term/Termination
(a) Term. This agreement shall be effective immediately when you click on the Create Account button and shall continue until purchase of IETB Service.

(b) Termination by Company.
(i) Company may at any time without notice to you discontinue any or all aspects of the IETB Service or restrict your use of the IETB Service in whole or in part for any breach of this Agreement by you; or if Company determines in its sole and exclusive judgment that terminating your use of the IETB Service is necessary for security reasons or for proper continued operation of the IETB Service; or your use of the IETB Service is not for legitimate business purposes, or your use of the IETB Service violates any laws or regulation; or if Company receives information that your use of the IETB Service (or any part thereof) may violate any third-party right.

(c) Termination by You. You may terminate this Agreement by not ordering the IETB Service.

7. Indemnification
You agree to indemnify Company and hold Company harmless against any and all liabilities, costs, and expenses, including reasonable attorney's fees related to or arising from:

(i) your use of the IETB Service in a way that is prohibited or restricted under this Agreement;
(ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use with your IE Toolbar;
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libelous material posted with your IE Toolbar.

8. Reporting Violations
Company does not actively monitor the content of IE Toolbars but will investigate complaints of a violation of third-party rights. User acknowledges that IE Toolbar contains a code designed to verify the terms of the licensing. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the Company Policy.

9. Proprietary Rights
As between the parties, Company acknowledges that it claims no proprietary rights in User's Information or any intellectual property right contained therein. As between the parties, you acknowledge and agree that Company and its licensors own all right, title, and interest in:

(a) the IETB Service;

(b) all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the IETB Service (collectively "Company Content"), excluding all User Information. In addition, you agree that the Company Content available on the IETB Service is protected by U.S. and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are permitted to use this Company Content only as expressly authorized by Company or its licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Company Content available on the IETB Service is the exclusive property of Company and its licensors and protected by U.S. and international copyright laws. You agree that, except as expressly authorized by Company, all the Company Content available on the IETB Service may be used by you only for your internal business and data-gathering purposes. You may make copies of selected portions of the Company Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Company Content; otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Company Content without expressly being authorized to do so by Company.

10. Trademarks and Service Marks
Company (SM), IETB Service (SM), and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by Company on the IETB Service to identify the products or services of Company (collectively the "Company Trademarks") are the trademarks of Company You agree not to use the Company Trademarks in connection with your
products or services or any third-party products or services or in any manner that disparages or discredits Company. All other brands and names (including third-party product names) used on the IETB Service are the property of their respective owners.

11. Limitation of Liability
(a)YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL COMPANY, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IETB SERVICE OR CONTENT AVAILABLE ON THE IETB SERVICE ("COMPANY AFFILIATES"), BE IABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE IETB SERVICE;
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY;
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO COMPANY DURING THE TERM OF THIS AGREEMENT FOR ANYIETB SERVICE.

(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(d) IN NO EVENT IS COMPANY OR ANY COMPANY AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND COMPANY'S CONTROL.

(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.

12. Warranties/Disclaimers
(a) Company warrants that, if a User is dissatisfied in any way with the IETB Service, or Company Content provided on or through the IETB Service, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty.

(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY IE TOOLBAR DO NOT REFLECT THOSE OF COMPANY, AND COMPANY DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY IE TOOLBARS. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY USER PAGE. USERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN IE TOOLBAR. USERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR IE TOOLBAR AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR IE TOOLBAR INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.

(c) COMPANY IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE COMPANY NETWORK OR THROUGH ANY COMPANY AFFILIATE PROGRAM OR THROUGH THE IE TOOLBARS.

(d) EXCEPT FOR 14(a), ALL IETB SERVICE AND CONTENT PROVIDED IN ASSOCIATION WITH THE IETB SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER COMPANY NOR COMPANY'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE IETB SERVICE, CONTENT, TECHNOLOGY, OR PRODUCTS THAT COMPANY OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE IETB SERVICE IS ERROR-FREE. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).

(e) COMPANY DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. COMPANY AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.

(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE IETB SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE IETB SERVICE.

(g) COMPANY MAY PROVIDE LINKS TO OTHER WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD- PARTY SITES.

13. Miscellaneous
(a) This Agreement shall be governed by and construed in accordance with U.S. federal and Washington laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the State of Washington. If local laws prohibit your participation in any part of the IETB Service, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.

(b) Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of Washington, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts located in Washington.

(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the IETB Service. Company may broadcast notices or messages through the IETB Service to inform you of changes to this Agreement, the IETB Service, or other matters of importance; such broadcasts shall constitute notice to you.

(e) Company 's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

(f) Your usage of the IETB Service and any of your rights herein may not be assigned or transferred to any third party. Company reserves the right to assign this Agreement to any third party that acquires all or substantially all of its relevant business or assets.

(g) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

(h) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.

Softomate LLC
BestToolbars Team.
Tel. +1-877-2438735
104 6th Street, Unit B
Lynden, Washington 98264
USA