PLEASE READ THIS LICENSE AGREEMENT AND UNDERSTAND THAT YOU INDICATE YOUR ACCEPTANCE BY CLICKING THE "I AGREE"
BUTTON, "I AGREE", OR “NEXT” HYPERTEXT LINK ON THE WEB VALUE DOWNLOAD LANDING PAGE (DEFINED
BELOW). ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. YOU MAY NOT
INSTALL THE WEB VALUE EMAIL PROFILE (DEFINED BELOW), UNLESS YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT.
This Web Value End User License Agreement (the “License Agreement”) is between you, the End User ("End User,” “you,” or “your”) and Web Value, Inc., ("Web Value"). Web Value agrees to provide End User with email profile software that creates an email inbox on your mobile device to receive services from Web Value, including but not limited to, advertisements that End User has opted in to receive.
1.1 "Web Value Web Site" means the website located at national-alerts.org
1.2 "Web Value Form" means the web form that shall be displayed to End User's on the Web Value Web Site requesting information necessary to provide Web Value’s services.
1.3 "Web Value Download Landing Page" means the webpage that will be displayed to End User, which consist of the Web Value Form, and contains a download link for the Web Value Email Profile.
1.4 "Web Value Email Profile" means the Web Value email profile located on the Web Value Download Landing Page, which includes the full Web Value Email Profile, and a copy of this License.
1.5 "Acceptance" means that the End User has accepted the terms of this Agreement and has manifested said acceptance by clicking on the “I Agree” or “Next” button on the Web Value Download Landing Page.
2. Web Value's Duties.
2.1 Privacy of End User's Information. Web Value shall not disclose to third parties any personal information which End User forwards to Web Value through the Web Value Form. The information which the End User forwards to Web Value through the Web Value Form shall be used solely by Web Value for the purposes of billing, and for notifying End User of any future information pertaining to the Web Value Email Profile, such as upgrade information.
2.2 Provision of Web Value Email Profile. Web Value shall allow End User to access the Web Value Download Landing Page after the End User has (1) indicated Acceptance of this Agreement, and (2) has properly filled out all information on the Web Value Form. Web Value shall allow End User to download the Web Value Email Profile from the Web Value Download Landing Page after the End User has accessed the Web Value Download Landing Page.
3. End User's Duties.
3.1 Payment. There are no fees charged to End User for downloading and accessing the Web Value Email Profile.
3.2 Web Value Form. End User shall enter and forward to Web Value truthful and factually accurate information on the Web Value Form.
3.3 Intellectual Property Ownership. End User recognizes that the Web Value name is a trademark of Web Value, Inc. End User further recognizes that the Web Value Email Profile is Web Value's copyrighted intellectual property.
4. License. WEB VALUE GRANTS TO END USER A LIMITED, NON-EXCLUSIVE, REVOCABLE, NON-TRANSFERABLE, NON-SUBLICENSEABLE LICENSE TO USE THE WEB VALUE EMAIL PROFILE SUBJECT TO THE TERMS OF THIS LICENSE AGREEMENT. THE WEB VALUE EMAIL PROFILE IS LICENSED BY WEB VALUE TO END USER FOR END USER'S USE SUBJECT TO THE TERMS OF THIS LICENSE AGREEMENT.
4.1 Use of Web Value Email Profile. End User may install and use the Web Value Email Profile on no more than one (1) computer at a time. End User is granted the right to make one (1) copy of the Web Value Email Profile for backup or archival purposes. End User acknowledges and agrees that End User has no right, power or authority to make any modifications to or unauthorized copies of the Web Value Email Profile.
4.2 Term of License. This License Agreement is effective when End User installs the Web Value Email Profile, and continues until terminated as set forth herein (the “Term”). End User may terminate this License Agreement by permanently deleting the Web Value Email Profile at any time and with or without cause. Upon expiration or termination of this License Agreement, the Web Value Email Profile will be deleted from the mobile device End User installed the Web Value Email Profile.
4.3 Restrictions. End User shall not, directly or indirectly (1) lease the Web Value Email Profile, (2) modify, reverse engineer, decompile, disassemble or create derivative works from the Web Value Email Profile (3) use the Web Value Email Profile to violate any applicable law, rule, or regulation; (4) distribute or make the Web Value Email Profile available for download; or (5) use the Web Value Email Profile to develop any competing software or service, or any other purpose that results in commercial competition with Web Value.
4.4 Severability. If, for any reason, any provision of this License Agreement is held invalid, such invalidity shall not affect the remainder of this License Agreement, and this License Agreement shall continue in force and effect to the full extent allowed by law.
5. Copyright. The Web Value Email Profile is copyrighted material owned by Web Value and is protected by United States copyright law and by international treaties. End User agrees that Web Value owns and holds title to the Web Value Email Profile and all subsequent copies thereof regardless of the form or media, and that all title, ownership rights, and intellectual property rights in the Web Value Email Profile shall remain with Web Value. End User may not copy or otherwise reproduce any part of the Web Value Email Profile.
6. Fees. There are no fees charged to End User for installing the Web Value Email Profile through the Web Value Web Site.
7. Web Value Form. The Web Value Web Site may require End User to enter requested information, including but not limited to, End User's zip code. The Web Value Web Site may also ask End User to provide voluntary information which Web Value shall use to provide the Services.
8. Uninstall Instructions. You may uninstall the Web Value Email Profile at any time, and cease receiving the services from Web Value, including, but not limited to, emails, by following the Uninstall Instructions.
9. Choice of Law. This License Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. The parties consent to arbitration exclusively in Los Angeles, California for all actions arising out of or related to this License Agreement. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.
10. Arbitration. Any dispute arising out of or related to this License Agreement shall be resolved by arbitration before a single arbitrator. Arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 et. seq. All arbitration-related hearings shall be conducted in Los Angeles, CA before ADR Services, Inc. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitrator shall be selected in accordance with the then in effect rules of ADR Services, Inc. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to, arising from, based upon or in any way related to the dispute, whether based in law or equity. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded, Attorney’s fees and costs as well of the costs of the arbitrator. If a party is files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney’s fees and costs related to the motion or petition.
11. Indemnification. Web Value shall not undertake to resolve any disputes or litigation on End User's behalf involving use of the services or products described herein, and End User agrees that it shall indemnify, hold Web Value harmless and defend Web Value against any disputes involving End User’s (1) use of the Web Value Email Profile, (2) End User’s violation of any applicable law, rule, or regulation, and (3) End User’s violation of any term in this License Agreement.
12. DISCLAIMER OF WARRANTIES. THE WEB VALUE EMAIL PROFILE AND THE RLEATED SERVICES PROVIDED BY WEB VALUE UNDER THIS LICENSE AGREEMENT "AS IS," WITHOUT WARRANTY OF ANY KIND TO END USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE COMPUTER PROGRAM, FITNESS FOR END USER'S PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. END USER AGREES THAT ANY EFFORTS BY WEB VALUE TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEB VALUE EMAIL PROFILE REMAINS WITH END USER.
13. LIMITATION OF REMEDIES. END USER AGREES THAT WEB VALUE SHALL NOT BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS LICENSE AGREEMENT OR OTHERWISE, EVEN IF WEB VALUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO WEB VALUE, OR WEB VALUE WAS GROSSLY NEGLIGENT. IN NO EVENT SHALL WEB VALUE'S AGGREGATE LIABILITY IN CONNECTION WITH THIS LICENSE AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100). END USER AGREES THAT ANY EFFORTS BY WEB VALUE TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATION OF REMEDIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to End User. In such jurisdictions, Web Value's liability is limited to the greatest extent permitted by law.
14. Export Restrictions. End User agrees not to export the Web Value Email Profile or any copies thereof or any products utilizing the Web Value Email Profile in violation of any applicable laws or regulations of the United States. End User agrees to indemnify Web Value from liability if End User violates any such laws or regulations.
15. Modifications. Web Value reserves the right, at its sole discretion, to modify this License Agreement, at any time and without prior notice. If Web Value modifies this License Agreement we will post the modification on our website. By continuing to access or use Web Value Email Profile after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified License Agreement. If the modified License Agreement is not acceptable to you, your only recourse is to cease using the Web Value Email Profile, and any related services pursuant to the terms of this License Agreement.
16. Force Majeure. Web Value shall not be liable hereunder for any failure or delay in the performance of its obligations under this License Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Web Value shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
17. Entire Agreement. This License Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only by a written agreement signed by authorized representatives of both parties.
18. Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.