Yellowpipe Internet Services
Yellowpipe provides complete Internet Services
Marketing, Search Engine Optimization, Website Management and web site design
Yellowpipe Toolbar
Yellowpipe Toolbar Terms of Use
Thank you for trying out the Yellowpipe Toolbar software! By using this software, including any third party software made available in conjunction with this software, ("Yellowpipe Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").
Non-Commercial Use Only
Yellowpipe Toolbar is made available to you for your non-commercial use only. This means that you may use it at work or at home. But you first need to obtain Yellowpipe's permission if you want to sell the Yellowpipe Toolbar or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from the Yellowpipe Toolbar. In that case, please send an email to support at Yellowpipe.com. Furthermore, you may not use Yellowpipe Toolbar in any manner that could damage, disable, overburden, or impair Yellowpipe's Internet Services (e.g., you may not use the Yellowpipe Toolbar in an automated manner), nor may you use Yellowpipe Toolbar in any manner that could interfere with any other party's use and enjoyment of Yellowpipe's Internet Services.
You may make copies of the Yellowpipe Toolbar and distribute such copies to others within your employer's organization provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, please do not distribute the Yellowpipe Toolbar to them. If you have any questions regarding the terms of distribution, please send an email to support at Yellowpipe.com.
If you have comments on Yellowpipe Toolbar or ideas on how to improve it, please email support at Yellowpipe.com. Please note that by doing so, you also grant Yellowpipe and third parties permission to use and incorporate your ideas or comments into Yellowpipe Toolbar (or third party software) without further compensation.
Intellectual Property
You acknowledge that Yellowpipe or third parties own all right, title and interest in and to the Yellowpipe Toolbar, portions thereof, or software provided through or in conjunction with the Yellowpipe Toolbar, 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 Yellowpipe Toolbar. You also agree to not remove, obscure, or alter Yellowpipe's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Yellowpipe Toolbar.
Disclaimer of Warranties
Yellowpipe and any third party who make its software available in conjunction with or through the Yellowpipe Toolbar disclaim any responsibility for any harm resulting from your use of the Yellowpipe Toolbar and/or any third party software accessed in conjunction with or through the Yellowpipe Toolbar.
THE YELLOWPIPE TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. YELLOWPIPE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM 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. YELLOWPIPE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF YELLOWPIPE TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE YELLOWPIPE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR 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 YELLOWPIPE TOOLBAR AND SUCH THIRD PARTY 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL YELLOWPIPE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF YELLOWPIPE TOOLBAR OR SUCH THIRD PARTY 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 YELLOWPIPE AND/OR A THIRD PARTY SOFTWARE 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 YELLOWPIPE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR, FROM INABILITY TO USE YELLOWPIPE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF YELLOWPIPE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE YELLOWPIPE TOOLBAR (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.
Yellowpipe's Internet Services
Yellowpipe Toolbar is designed to be used in conjunction with Yellowpipe's Internet Services. Accordingly, your use of Yellowpipe Toolbar is also defined by Yellowpipe's Terms of Service and Privacy Policy.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to the conflict of laws provisions of Washington or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Yellowpipe and/or a third party who make its software available in conjunction with or through the Yellowpipe Toolbar.
January 2006.
