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END USER LICENSE AGREEMENT

Last Updated: November 20th, 2013

Thanks for using our web browser plugin (for simplicity, let's just call it the "Plugin"). Before downloading and using the Plugin, you are required to read, understand and agree to these terms. You may only download and use the Plugin if you read and agree to these terms, which are a legally binding contract between you and Engaging Apps  (that's "us" or "we", and sometimes "the Company"). However, because we understand that reading our legalese may be less than thrilling, we have provided brief explanations of the key points in the boxes on the right-hand side of the page. These explanations are not legally binding; they are intended to help you better understand the terms of this agreement.

Please also check out our privacy policy, which describes how the Plugin collects your information and how this information may be used and shared. The Privacy Policy is incorporated into this agreement by reference.

What Exactly Does the Plugin Do?

The Plugin customizes and enhances your Internet browsing experience by allowing you, the end user, to assert more control over your viewing experience. The Plugin does this by displaying coupons through your browser.

This Plugin delivers ads displayed as coupons. Letís be clear about that Ė by downloading and using the Plugin, you will see coupon ads based on the website you are visiting. This advertising is what enables us to provide the Plugin to you free of charge (our advertisers pay us so that you donít have to). Note that the coupon ads are not associated with or endorsed by the websites on which they are displayed, as they are delivered to you directly through your web browser.

The Plugin is meant to be fun, but there are some features we want you to know about up front so that you don't get confused. For example, since we give you the Plugin for free, we have to display various types of ads to keep the lights on. The ads are delivered through your browser, and are not associated with a particular site or sites. Ads may contain the label "Ads not by site" as a reminder that the ads are being delivered through your browser.

You may also see relevant coupons, deal and special offers when the Plugin recognizes the website you are visiting as an eligible site for our programs. For example, when you visit the websites of certain merchants or Engaging Apps partners, you may get an alert that you can click on to see specific coupons, deals and offers, or you may see a slider visible in the top right-hand portion of your browser displaying various offers that we hope will be of interest to you.

If you don't want the Plugin anymore, you can uninstall it by going to Add/Remove Programs in your Control Panel, selecting the Plugin and clicking Uninstall. You should be aware that disabling the Plugin in your browser settings may not permanently uninstall it. Also, disabling a single feature, like, for example, in-text ads, may not disable or remove other features of the Plugin.

Finally, you should be aware that when you install the Plugin, it attempts to detect other software on your computer or mobile device that may interfere with its functioning. If it finds this software, the Plugin may disable it so that the Plugin can function properly. By downloading and using the Plugin, you agree to this activity. You also agree and acknowledge that we may update, modify, add or enable features, or discontinue features of the Plugin at any time and without additional or prior notice.

You can always reverse these effects by uninstalling the Plugin and re-enabling any conflicting software. In addition, the Plugin requires modern computer hardware and software and a minimum amount of capacity and resources. If you use the Plugin without these minimum requirements, it may affect the performance of your computer. If this happens, please uninstall the Plugin.

Examples of the type of advertising we display:

Deals

The Plugin will adjust your browser settings in order to function properly. You may change these settings at any time (although doing so may affect the performance of the Plugin).

Age Restrictions

The Plugin is not for kids. You must be at least 18 years of age and able to enter into legally binding contracts to use the Plugin. By downloading and using the Plugin, you are representing and warranting (i.e., promising) to us that you are at least 18 and able to enter into contracts under the law where you live.

No Kids!

License and Intellectual Property Rights

The Plugin is our valuable intellectual property, and we want to protect it and our trade secrets from being stolen or misused. You may download and use the Plugin only for your personal, non-commercial purposes and only so long as you don't violate any of these terms. All other uses of the Plugin are prohibited. We can revoke your license at any time and for any reason, with or without notice to you. As a condition of our granting you a license, you are not allowed to share your use of the Plugin with anyone else or use it for profit, modify, resell or distribute the Plugin, make copies of our software, or reverse-engineer, decompile or take our software apart to try to discover its inner workings.

The Plugin and our website where you download the Plugin also contain our trademarks and product names (such as the name of the Plugin and our logos), our designs and our look and feel. All copyrights, trademark and trade dress rights in these elements belong to us, and you may not duplicate, imitate or reuse them without our prior approval.

The Plugin belongs to us. You can use it for your own private purposes and only as long as we're cool with that. If you steal our intellectual property or trade secrets or try to rip us off, we will stop being cool VERY quickly.

Misuse

You may not do anything to interfere with or disrupt the systems we use to provide the Plugin or its associated website or services, or to interfere with anyone else's use of the Plugin. You may not use the Plugin to commit unlawful acts or violate the rights of third parties, such as hacking, defamation, copyright or trademark infringement or invasion of privacy. You also may not use automated programs, such as bots, spiders or web crawlers, to access or interact with the Plugin or its associated website or services. Any of these activities will cause your license to be terminated and you to be subject to civil or criminal liability.

Don't use the Plugin to hurt or abuse anyone else. When in doubt, follow this golden rule: if you wouldn't want it done to you, don't do it to anyone else.

Termination; Plugin Features

We may stop providing the Plugin, any Plugin feature or the services associated with the Plugin, or suspend them in whole or in part, at any time without prior notice or liability. We may also terminate these terms at any time and for any reason whatsoever without prior notice or liability, including without limitation, if you violate these terms. Any termination will automatically revoke your license to use the Plugin, which will immediately cease. If you wish to terminate these terms, you may simply discontinue using the Plugin. All provisions of these terms which by their nature should survive termination shall do so, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, limitations of liability and provisions relating to dispute resolution.

The Plugin and these terms can and will change and evolve. We will notify you of major changes to these terms. Also, while we love providing the Plugin, who knows where any of us will be next year, so we can terminate these terms and stop providing the Plugin (to you or to everyone) anytime we want.

We may also modify, add features to or delete features from, the Plugin or its associated services, at any time without prior notice or liability. From time to time the Plugin may automatically download and install updates and bug fixes, which are designed to enhance your user experience and deal with known problems and security issues. Whether and when we provide any updates or bug fixes is totally at our discretion. However, if we add a feature to the Plugin that is a lot different from its existing features, we will notify you. (Please see the next section about changes to these terms.)

Changing These Terms

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If the modifications materially change the terms, we will notify you by posting an announcement on the website or otherwise sending you a notice through the Plugin. You are responsible for reviewing and becoming familiar with any modification to these terms. If you continue to use the Plugin after we post or send a notification of a material change to these terms, you will have accepted the changed terms.

We may make changes to the Plugin, including updating it to keep it working or to make it more effective, adding new features, modifying new features, or discontinuing features. If we change something really big, we will let you know by posting the change on the Plugin's website.

DISCLAIMERS AND LIMITATION OF LIABILITY

Because the Plugin is provided to you free of charge, we don't make any warranties or representations about it or your experience in using it. You use the Plugin "as is" and entirely at your own risk. If the Plugin doesn't work, or unintentionally contains a virus or other harmful code, or if you experience errors and interruptions when you use the Plugin or its associated services, we are not liable. Similarly, we don't make any promises that the Plugin is secure or fit to be used by you or that it will meet your expectations.

Because you use the Plugin at your own risk, in no event will we be liable under any legal claim or theory (including contract, tort, strict liability, negligence or anything else) with respect to the Plugin or its associated services or website (i) for any lost profits or data, damage to your computer, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) for any direct damages in excess of $100 (in the aggregate for any and all claims and damages).

Some jurisdictions do not allow these disclaimers of warranties and limitations of liability, so they may not apply to you.

You know this section is important because it's capitalized. Seriously, because the Plugin is free, we can't make any promises about it, and we're not liable if you have a bad experience, even a really bad one. The most you can ever sue us for is $100. It's up to you to decide whether or not the Plugin is right for you. If it isn't, uninstall it and get rid of it.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Engaging Apps, its affiliated companies, and their respective directors, officers, partners, employees, agents, representatives, contractors, successors and assigns of and from any and all actions, causes of action, suits, liabilities, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use (or inability to use) the Plugin or its associated website or services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

You hereby agree to indemnify, defend and hold harmless Engaging Apps, its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these terms or your use of the Plugin or its associated website or services.

As we said, since we give you the Plugin for free, we're not liable for anything. And if you do something that gets us sued or hurts us, you are liable for the costs.

Third-Party Links and Software Applications

When you use the Plugin, you will see links and advertisements for websites, products and services provided by third parties. Additionally, the Plugin may include a feature which offers you a menu of third-party software applications that you can download if you wish. None of these applications will be downloaded unless you affirmatively ask to do so. We are not responsible for and have no control over any of these sites, products or services. When you use or interact with any of these sites, products or services, you will be subject to the third-party advertiser's or owner's privacy and security policies and terms of use, which are different from ours. Also, our Plugin may be bundled with third-party software applications, such as other Plugins and browser extensions. By the same token, we have no responsibility for or control over these third-party applications, whose privacy and security policies and terms of use are different from ours. Before you use a third-party site or service, or download a third-party software application, you should always read and make sure you understand the owner's privacy and security policies and terms of use.

If someone else's website or browser extension does something bad to you, we're not responsible for that. Whenever you're using a third-party site or product, make sure you read the terms of use and privacy policy to familiarize yourself with their practices, what personal information of yours may be collected, and how that personal information may be shared.

Dispute Resolution

Any controversy, claim or dispute arising out of this agreement or your use of the Plugin shall be resolved by final and binding arbitration. Such arbitration shall take place in Philadelphia, Pennsylvania, and shall be administered by a single arbitrator pursuant to the American Arbitration Association under its Commercial Arbitration Rules. Hearings may, at the request of either party, be conducted telephonically. You expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in Philadelphia, Pennsylvania. However, if we think you are violating your license to use the Plugin or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction.

Lawyers and trials are expensive, and we'd prefer to settle any issues or disputes that might come up as amicably as possible. If we need an outside party to resolve something, the agreement requires that we arbitrate the dispute (rather than file an action in court). Generally speaking, this is easier and less costly for everyone.

In addition to the above, both you and the Company waive the right to bring any claim or dispute related to this agreement as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any claim or dispute related to this agreement.

If you have an issue, you need to deal with us directly (through arbitration, as described above), and not as a plaintiff in a class action (or similar action).

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of these terms and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these terms shall not be deemed a waiver of any further rights hereunder. We will not be liable for any failure to perform any obligations of ours where such failure results from any cause beyond our reasonable control, including, without limitation, electronic or communications failure, acts of God, government or third parties, or earthquakes, storms or other big or scary things. If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable. We may transfer, assign or delegate these terms and our rights and obligations without consent, but you may not. Both parties agree that these terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these terms. Except as provided in the "Changing These Terms" section above, any modification of these terms must be in writing and signed by both parties. Any waiver by a party of its rights under these terms must be in writing and signed by that party.

We don't work for you, and you don't work for us, so let's just be friends. We're not liable if you have a bad day as a result of a hurricane, earthquake, nuclear war or other big or scary stuff that we don't control. We also don't control the Internet (we wish we did!).