IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE GLOBAL MALE PASS DESKTOP ICON™ AND SEARCH ENHANCER™ SOFTWARE. YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, AS WELL AS ALL OTHER POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THIS AGREEMENT, BEFORE DOWNLOADING, INSTALLING, REGISTERING FOR, VIEWING OR USING THE GLOBAL MALE PASS™ SOFTWARE. THE AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND GMP.
GLOBAL MALE PASS™ ("GMP") offers a search companion product and service, the SEARCH ENHANCER™ ("Service") and related software. The Service, the related Software, the information provided by GMP through its own website and from third parties, and any other GMP product or service is referred to collectively as the "Service."
BY DOWNLOADING, INSTALLING, REGISTERING FOR, VIEWING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT DOWNLOAD, INSTALL, REGISTER FOR, VIEW OR USE THE SERVICE.
By installing the Service you understand and agree that the following changes may be made to the search engines and browsers that you use and that the following functions may be performed by the Service:(i) install a search toolbar in your browser, system tray, and desktop which may (ii) supercede search results initiated from other search engines, including but not limited to Google™) (iii) block certain pop-up ads and pages; (iv) display links to related websites and keywords based on the information you view and the websites you visit; (v) store non-personally identifiable statistics of the websites you have visited; (vi) redirect certain URL's including your browser default address bar search, DNS error page and Search Button page to or through the Service and; (vii) automatically update the Service and install added features or functionality conveniently without your input or interaction unless you have chose to be notified of such update in advance.
If at anytime you wish to remove the Service, you can remove it through the Add/Remove Programs menu in your Microsoft Windows control panel. You can also uninstall by right-clicking on the GMP System Tray Icon and selecting 'Uninstall' option. This will direct you through the easy one-step removal process.
GMP may change 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 THE GMP 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 GMP SOFTWARE.
You agree to defend, indemnify, and hold harmless GMP 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.
GMP MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. GMP DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED TWENTY DOLLARS ($20.00 US). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between you and GMP. You acknowledge and agree that GMP would not be able to provide the Software free of charge without such limitations.
You must be EIGHTEEN years or older to download, register for, or use the Service. By using the Service, you warrant to GMP that you are EIGHTEEN years or older.
This Agreement is the entire agreement between GMP and you and supercedes all other agreements, discussions and negotiations, whether oral or written. This Agreement cannot be modified or amended except by a written agreement signed by an authorized officer of GMP. This agreement shall be governed by the laws of the State of California, USA, excluding conflicts of law and choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods, and any legislation implementing such Convention. You consent and attorn to the exclusive jurisdiction of California courts and waive trial by jury, except to the extent a waiver of a jury trial is not permitted by applicable law. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision shall be deemed severed and the remainder of the Agreement shall continue in full force and effect. You agree to comply with all applicable laws including export restrictions as they relate to this Agreement and your use of the Software. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.