Wantacode Toolbar - Terms of Use

1. WHAT IS THE TOOLBAR?

The Toolbar improves your ability to find coupons, sales and other discounts on the Internet. Once you have downloaded the Toolbar, you can use it to search Wantacode for discounts and deals by inputting the names of retailers, vendors or products in the search box of the toolbar. The Toolbar will find current coupon offers available for the retailers, vendors or products you search, including offers and coupons that are set to expire soon. It will also tell you how many applicable coupons are currently available on the Wantacode website. Last, the Toolbar will also alert you when you visit a website for which the Wantacode.com website currently has an applicable offer or coupon.

2. COLLECTED INFORMATION

The Toolbar does not collect any personally identifiable information about its users. Wantacode does not attempt to determine the identity of any Wantacode user by analyzing web usage paths.

3. THIRD PARTY WEBSITES

You will not be transferred to online merchants or other third party websites directly through the use of the search function within the Toolbar. When using the toolbar you will be transferred to Wantacode.com. From Wantacode.com you will be transferred to online merchants or other third party websites. We are a directory of other websites and the offers they promote. The Toolbar does not sell any good or service to consumers and nothing in the Toolbar shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such websites' terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such websites in order to be aware of the terms and conditions of your use of such websites. Be sure to carefully evaluate and investigate such websites on your own to your satisfaction.

You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Wantacode shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other websites, information, promotions, products, or services; viruses or other computer problems resulting from use of such websites; or any liabilities resulting from the terms and conditions of other websites. Wantacode does not guarantee any content on such Toolbars or anything offered by third parties, including but not limited to prices, promotions, products, or services.

You are knowingly and voluntarily assuming all risks of using such websites to purchase goods and services and of using the “coupons” and specials available through the Toolbar and the Wantacode website. You agree that Wantacode and its licensors and advertisers shall have no liability whatsoever from such third party websites and your usage of them.

4. INTELLECTUAL PROPERTY RIGHTS

The Toolbar is protected under U.S. and international copyright laws. Copyright © 2012 58Phases LLC. All rights reserved. All of our company names, product names, service names and logos are owned by us.

The Toolbar, including all software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (“Toolbar Content”), are owned by or licensed to Wantacode and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under United States and foreign laws and international conventions.

5. YOUR REPRESENTATIONS AND WARRANTIES

By using the Toolbar, you represent and warrant that you are at least 18 years old, you have read and agree to abide by this Agreement, any information you submit is truthful and accurate, and your use of the Toolbar does not violate any applicable law or regulation.

6. LICENSE TO USE TOOLBAR

License. Upon your agreement to this Agreement, Wantacode hereby grants you a non-exclusive, non-transferable limited license to use the Toolbar in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to the Toolbar. You acknowledge and agree that all content and services available on the Toolbar are property of Wantacode and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Wantacode and its advertisers and licensors.

Export. You agree that you shall comply with all applicable export and import control laws and regulations in your use of the Toolbar, or materials or services received through the Toolbar, and, in particular, you shall not export or re-export anything on or received through the Toolbar in violation of local or foreign export laws or without all required U.S. and foreign government licenses.

Government Use. If you are a branch or agency of the U.S. Government, the following provision applies. The Toolbar, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

7. CONTENT DISCLAIMER

Without limiting the disclaimer of warranties set forth below, all Toolbar Content is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Wantacode is not liable for any inaccuracies, errors, omissions or miscalculations in any of the Toolbar Content, nor are we liable for your reliance on the Toolbar Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. Wantacode is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in Toolbar Content.

8. DISCLAIMER OF

Wantacode AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE TOOLBAR, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THE TOOLBAR, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE TOOLBAR. ALL INFORMATION AND USE OF THE TOOLBAR ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Wantacode AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE TOOLBAR, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE TOOLBAR, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE TOOLBAR OR INFORMATION PROVIDED BY THE TOOLBAR, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE TOOLBAR OR ANY WEBSITES LINKED TO OR FROM THE TOOLBAR. YOUR USE OF THE TOOLBAR IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

Wantacode AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THE TOOLBAR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE TOOLBAR IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Wantacode OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE TOOLBAR, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE TOOLBAR, THE PRODUCTS OR SERVICES LISTED THROUGH THE TOOLBAR, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TOOLBAR. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Wantacode OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Wantacode, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the Toolbar, or any services, information or products from the Toolbar; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; and (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your use of the Toolbar. Wantacode reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

11. LEGAL COMPLIANCE

Wantacode may suspend or terminate this Agreement or a user's use immediately upon receipt of any notice which alleges that a user has used the Toolbar for any purpose that violates any local, state, federal or law of other nations. In such event, Wantacode may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Wantacode shall not be liable for damages or results thereof and user agrees not to bring any action or claim against Wantacode for such disclosure.

12. THIS AGREEMENT

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Wantacode. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

13. TRANSFER OF RIGHTS

This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by Wantacode without restriction.

14. CHOICE OF LAW AND FORUM

The Toolbar (excluding third party linked websites) is controlled by Wantacode from its offices within the State of Texas in the United States. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Toolbar and applicable law. As each of these places has laws that may differ from Texas, by accessing the Toolbar, both you and Wantacode agree that the statues and laws of Texas shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the Toolbar, without regard to conflicts of laws principles thereof. You and Wantacode also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Texas and any legal proceedings shall be conducted in English. Wantacode makes no representation that materials on the Toolbar are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.