TOOLBAR

ALOT Toolbar Terms of Use

Thank you for trying out the ALOT Toolbar! Your satisfaction is important to us and we only hope to include you as one of our thousands of approving users.

This ALOT toolbar terms of use agreement (the “Terms of Use”) is a legal agreement between you (referred to hereinafter as "you", "your," or "user") and alot.com, including all of its subsidiary and affiliated entities (referred to hereinafter as “alot.com”, "we," "us", or "our"). Use of the alot.com software features and services, as described below (collectively, the “ALOT Software”), requires that you agree to the following Terms of Use. You agree to be legally bound by these Terms of Use by clicking on the “Next”, “Run” or “Yes” button provided.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY AMENDMENT, YOU MUST NOT USE THE ALOT SOFTWARE.

ALOT SOFTWARE FEATURES AND SERVICES

The ALOT Software comprises a customizable browser toolbar which provides the following features and functionality:

  1. One-click access to the assortment of tools, services and widgets of alot.com. These may include content button links that provide access to a variety of useful partner products and services but in which alot.com might share revenue.
  2. Easy access to alot.com search results from the toolbar textbox.
  3. alot.com default search settings, including:
    1. Search results delivered in response to queries conducted through the browser address bar;
    2. Search results delivered in response to queries conducted through the Internet Explorer search box;
    3. Search results delivered from the browser’s search button;
    4. Suggested links or search results when no server can be found in response to misspelled or incorrectly formatted address requests (i.e. DNS error search).

No personal information is required to use the ALOT Software. Upon download, alot.com does offer to set your homepage to my.alot.com, which you may choose to opt out of during the installation process. Further, alot.com is additionally bound by the alot.com Privacy Policy.

PERMITTED USES

alot.com grants to you a limited, nonexclusive, revocable license to download this copyrighted ALOT Software for your personal and non-commercial use. alot.com may, at any time, change, update, modify and/or terminate any part of the ALOT Software or your use of it.

You may not copy, modify, display, license, distribute, transmit, re-post, or download any part of the ALOT Software for commercial use without alot.com's written consent. As a condition of its use, you promise not to use ALOT Software for any purpose that is unlawful or prohibited by these Terms of Use.

Furthermore, you may not use the ALOT Software in any manner that could damage, disable, overburden, or impair alot.com's search services (e.g., you may not use the alot.com Toolbar or ALOT Software in an automated manner), nor may you use the ALOT Software in any manner that could interfere with any other party's use and enjoyment of alot.com's search services.

UPGRADES

alot.com may access your computer to perform maintenance on the ALOT Software and to install updates without notice. These updates are also governed by these Terms of Use. Thus, in the course of using the ALOT Software, you may see features added or removed as well as minor behavior and performance changes and improvements. Should any of these changes and improvements require updates to these Terms of Use or to our Privacy Policy, we will post the updated Terms of Use and/or Privacy Policy.

INTELLECTUAL PROPERTY

You acknowledge that alot.com and/or third party affiliates own all rights, title and interest in and to the ALOT Software, portions thereof, or services provided through or in conjunction with the ALOT Software, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the ALOT Software. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ALOT Software.

DISCLAIMER OF WARRANTIES

ALOT.COM DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE ALOT SOFTWARE.

THE ALOT SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALOT.COM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ALOT.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ALOT SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE ALOT SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE ALOT SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. ALOT.COM HEREBY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU UNDERSTAND THAT BY RUNNING CERTAIN TYPES OF SOFTWARE, SPECIFICALLY INCLUDING THOSE THAT QUARANTINE, DELETE OR UNINSTALL OTHER SOFTWARE APPLICATIONS, YOU MAY INTERFERE WITH THE FUNCTIONALITY OF THE ALOT SOFTWARE. FURTHER, YOU UNDERSTAND THAT SUCH INTERFERENCE CAN LEAD TO DIFFICULTIES WITH THE ALOT.COM UNINSTALLERS AND THAT THE ALOT SOFTWARE SHOULD ALWAYS BE UNINSTALLED THROUGH STANDARD MEANS AT THE ADD/REMOVE RATHER THAN THROUGH THIRD PARTY SOFTWARE. See Uninstall for details on how to uninstall

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ALOT.COM, OR ANY THIRD PARTY WHO MAKES ITS SERVICES AVAILABLE THROUGH THE ALOT SOFTWARE, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE ALOT SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ALOT.COM AND/OR A THIRD PARTY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ALOT SOFTWARE, FROM INABILITY TO USE THE ALOT SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ALOT SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

MISCELLANEOUS PROVISIONS

  1. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles.
  2. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
  3. The failure by alot.com to exercise or enforce any of the terms or conditions of these Terms of Use shall not constitute a waiver of alot.com’s rights hereunder to enforce each and every term and condition of these Terms of Use. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by alot.com and, if applicable, a third party who makes its software available in conjunction with or through the ALOT Software.
  4. We may immediately terminate these Terms of Use with respect to you (including your access and use of the ALOT software, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the ALOT Software.
  5. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.
  6. These Terms of Use along with any other notices, policies, procedures, agreements, and terms and conditions on our website contain the entire understanding with respect to your use of the ALOT software and our relationship with you, and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
  7. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO THE ALOT SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  8. Please note that these Terms of Use are subject to change, so please review these Terms of Use frequently. The current Terms of Use will always available at this page. The version will be noted at the bottom of the page.

QUESTIONS OR COMMENTS

If you have comments about the alot.com Toolbar or ideas on how to improve it, please contact Customer Support.

alot.com
143 Varick Street
New York, NY 10013
customerservice@alot.com

Please note that by doing so, you also grant alot.com and any third party permission to use and incorporate your ideas or comments into the alot.com Toolbar (or third party software) without further compensation.

Last Updated: October 19, 2007