These Terms of Use are effective on June 13, 2016.
These Terms of Use apply to the following Return Path Consumer Applications.
Please read these Terms of Use (“Terms”) carefully. These Terms set forth the legally binding terms and conditions for your use of the above Return Path Consumer Applications (each an “Application”) and their related content, websites, features, functionality and services (together with the Applications, individually and collectively, the “Services”). The Services are intended for people who are at least 13 years old. The Services are provided by Return Path, Inc. and its affiliates (“Return Path”) and “us” or “we” in these Terms refers to Return Path.
WhiskerWidget for Chrome is certified as a Trusted Download application by TRUSTe signifying that the WhiskerWidget application has been tested by TRUSTe for compliance with TRUSTe’s TDP program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe’s mission is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding WhiskerWidget, please contact us at privacy@returnpath.com. If you are not satisfied with our response you can contact TRUSTe here.
Acceptance of Terms
By accessing or using the Services, you: (i) acknowledge that you have read and understand these Terms, which incorporates by reference Return Path’s Privacy Policy; (ii) represent that you are of a legal age or otherwise have the required consent to form a binding contract; and (iii) agree to be legally bound by these Terms. If you do not agree to the foregoing, do not access or use the Services.
License
Subject to these Terms, you may access and use the Services solely for your own personal and non-commercial use. You may not: (i) transfer, sublicense, lease, lend, rent, copy, modify or distribute the Services for any purpose; (ii) reverse-engineer, decompile or create derivative works of the Services; (iii) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services; (iv) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms; (v) infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party in connection with your access or use of the Services; (vi) transmit or upload as part of the Services any virus, worm, trojan horse or other harmful code or use or misappropriate the data in the Services for your own (or a third party’s) commercial gain; or (vii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services.
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest any other rights in or to the Services other than to use the Services in accordance with these Terms. Return Path, its licensors and service providers, reserve and retain their entire right, title and interest in and to the Services, including all patents, copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Registration
In order to use the Services, you must sign up with your email account. You agree to provide accurate, true, current and complete information as requested to sign up for the Services. If we have reasonable grounds to believe that any of your registration information is untrue or inaccurate, we may suspend or terminate your access to the Services, with or without notice, temporarily or permanently.
Collection, Storage and Use of Information
By using the Services, you consent to the collection, storage and use, in accordance with our Privacy Policy, of information you provide or make accessible to us.
Content in the Services
All Content in the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who originated such Content. You acknowledge and agree that Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting from your use of Content. Under no circumstances will we be liable in any way for any Content, including but not limited to, any errors or omissions in any Content. For the purposes of these Terms, the term “Content” includes, without limitation, information, software, data, text, images, graphics, audio, sounds and video generated, provided or otherwise made accessible by us on or through the Services.
We will have the right (but not the obligation) in our sole discretion to pre-screen, refuse, remove, prevent or restrict access to Content without further notice. We will have the right to remove or prevent access to any or all Content that violates or is alleged to violate these Terms or applicable laws or is otherwise objectionable.
The Services may contain content or services provided by third parties and/or links to third party services, websites or resources (“Third Party Services”). We have no affiliation to any such third parties or Third Party Services. We are not responsible or liable for the availability, accuracy, functionality or legality of, and we do not endorse, Third Party Services. You are solely responsible for and assume all risk arising from your access and use of Third Party Services.
Feedback
You agree that any feedback, suggestions, ideas, or other information or materials regarding the Services that you provide, whether through the Application, on our websites, by email or otherwise (“Feedback”), are non-confidential and non-proprietary and will become the sole property of Return Path. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any intellectual property or moral rights).
Modification, Suspension and Termination
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. We may also terminate or suspend your access to all or or any part of the Services at any time, with or without cause, with or without notice, effective immediately. You agree that we will not be liable for any modification, suspension, or termination of the Services or any part thereof.
You may terminate these Terms by deleting your account or uninstalling the Services from your devices. Uninstall instructions can be found on each Service’s respective webpage or within the Services themselves.
Whisker Uninstall instructions can be found here: https://www.whiskerwidget.com/faq/
Survival
Upon any termination, all provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RETURN PATH, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, RETURN PATH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL RETURN PATH OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR RETURN PATH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless Return Path and its officers, directors, employees, agents, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to (i) your use or misuse of the Services or (ii) your breach of these Terms.
Export Regulation
You acknowledge that Return Path’s provision to you of the Services is subject to compliance with US export control and sanctions laws, including the US Export Administration Regulations and sanctions regulations maintained by the US Treasury Department (together, “Trade Restrictions”). By accessing or using the Services, you represent that you are neither (i) located, incorporated or resident in a jurisdiction or country subject to comprehensive US Trade Restrictions (currently: Cuba, Crimea, North Korea, Sudan, and Syria) (together, “Restricted Territories”), (ii) the government of a Restricted Territory, (ii) a restricted party identified on the US Treasury Department’s List of Specially Designated Nationals, the US Commerce Department’s Denied Persons List, Entity List or Unverified List, or other applicable restricted party lists, nor (iv) owned or controlled by, or acting on behalf of any of the foregoing (together, “Restricted Person”). You shall not access or use the Services in any Restricted Territory. Nor shall you, directly or indirectly, export, re-export, use or make the Services accessible by or for the benefit of, any Restricted Person to which export, re-export, use or access is prohibited under Trade Restrictions. You must comply with all applicable Trade Restrictions and other applicable trade-related laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to using, exporting, re-exporting, releasing or otherwise making the Services available outside the US.
Severability
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original intent and all other provisions will continue in full force and effect.
Governing Law
Any dispute between you and Return Path will be governed by these Terms and the laws of the State of New York and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the federal courts or state courts located in New York County, New York.
At our sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms will prevail.
Entire Agreement
These Terms constitute the entire agreement between you and Return Path regarding your use of the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the effective date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.
