Terms and conditions of use for extensions supplied by Spigot, Inc for Bittorrent, Inc.
The Searchme extension provides a convenient way search the web using our preferred search engine partners. Your Safari default search provider may change. The eBay extension by Spigot is designed to help you navigate easier to these preferred shopping providers. Our business partners and affiliates may compensate us for making this information and these Extensions available to you, and for the benefits they receive from Your use of the Extensions. Use of the Extensions is free of charge to you. Additional information about one or more of the Extensions may be found within or at the bottom of these Terms or the Privacy Policy or Policies associated with the Extensions. Application Manager is a program that allows you a convenient way to help find search results online by collecting your requests for information and processing them through our search engine partners.
[The above is a summary of what the Extensions and Application Manager do or may do and is not contractual]
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TERMS AND CONDITIONS OF USE FOR SEARCHME, EBAY EXTENSIONS AND APPLICATION MANAGER

These Terms and Conditions of Use ("Terms") apply to the Searchme, eBay extensions for Safari and Application Manager program (collectively and individually,"Programs"), which are built or provided and maintained by Spigot, Inc., which may be referred to herein as "Spigot," "We," "Us," or "Our" whether in uppercase, lowercase, or a combination. These Terms are independent of any other application(s) you may be installing or using concurrently. Use of any of the Programs and their features requires that you agree to the Terms. The Terms will also be applicable to additional browsers extensions, add-ons, plug-ins or applications as may be delivered to you that are provided and maintained by Us. In the instance of the availability of any additional browser extensions, add-ons, plug-ins or applications before it is or they are installed or added by you We will give you notice of the opportunity to install or add it or them, and give you the opportunity to agree and accept and install or add, or decline to install or add, it or them. Agreement may be by default. Because there may be more than one extension covered by the Terms Policy the Programs and addition programs may be referred to herein collectively and individually, as "Programs." Installation or Use of any of the Programs and their features requires that you agree to the Terms. You agree to be legally bound by these Terms by clicking the "Next," "Run," "Install," "Accept,", "Accept and Install" or "Yes" button provided. These Terms are a legal contract between Us and You, an individual user of at least 18 years of age, or if You are using the Programs on behalf of any entity -- including a company, organization, or trust, no matter the legal form of the entity -- ("entity"), then You represent and warrant that You are an authorized representative of that entity with the authority to bind such entity to the Terms, and agree to be bound by the Terms on behalf of such entity ("You," "User," or, collectively, "users," whether in uppercase, lowercase, or a combination).

If You are under the age of 18 Your parent or legal guardian must enter into this agreement, each amendment, on Your behalf. If You are under the age of 18 You affirm that by Your continued or future use of any Programs Your parent or legal guardian has first agreed to the Terms, including each amendment, on Your behalf.

If You do not agree to or with any and each and every of the terms or conditions in these Terms, do not install or use the Programs. Your use of the Programs is deemed to be Your agreement to abide and be bound by each of the Terms set forth herein, and each amendment as and when made and effective. You acknowledge that You have read and understood, and agree to be bound by, the Terms (and conditions).

1. ELIGIBILITY
The Programs are not available to persons under the age of 13. By downloading, installing, accessing, or otherwise using the Extensions You represent that You are at least 13 years of age.

2. MODIFICATION OF TERMS
We may make changes, modifications, and amendments to the Terms at any time. Because of the rapidly evolving nature of the Internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, We may change, update, amend, and modify the Terms from time to time. The latest Terms may be posted or be available through http://bittorrent.mybrowserbar.com/terms_mac.html, and You agree that You should always review them prior to using the Programs so that You may always be aware of what has changed, if anything. If any modification is unacceptable to You, You will cease using the Programs right away. If You do not cease using the Programs You will be conclusively deemed to have accepted the change(s) and amendments. Except as stated elsewhere, all amended Terms will automatically be effective as soon as they are initially posted by Us, except if We state in writing that We are giving advance notice of any amended term to be effective on a date in the future. Please check these Terms and any guidelines periodically for changes. Except as posted by Us, including to http://bittorrent.mybrowserbar.com/terms_mac.html, the Terms will not be otherwise amended, and no terms will be waived by Us, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of Ours. For purposes of these Terms and this provision, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.

We are not obligated to provide notice of amendment to the Terms by way of any method other than the making available or posting of the amended Terms on http://bittorrent.mybrowserbar.com, or http://bittorrent.mybrowserbar.com/terms_mac.html, or any Spigot Platform, and doing so without more is deemed and agreed to be sufficient notice of amendment(s). We may note on the Terms available at http://bittorrent.mybrowserbar.com/terms_mac.html what the effective date of that version of the Terms is, and You agree that You will keep track Yourself of the effective dates of various versions of the Terms, and that We are not required to point out to You changes from version to version of the Terms. You may copy and paste each version of the Terms into a document for your own personal retention, and You may use any variety of tools to "compare" various versions of the Terms (and Privacy Policy).

3. NOTICES
We may provide You with notices, including those regarding changes to the Terms, by email (if you provide us with your email address) or postings on, or through http://bittorrent.mybrowserbar.com, or http://bittorrent.mybrowserbar.com/terms_mac.html, or any Spigot Platform. If we give notice by email then notice will be deemed given twenty-four hours after the email is sent, unless We are notified that the email address is invalid, and we acknowledge such notice. Alternatively, we may, though we are not required to, give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. You agree that notice posted on or through http://bittorrent.mybrowserbar.com, http://bittorrent.mybrowserbar.com/terms_mac.html, or any Spigot Platform is deemed given upon the initial posting, even if there is also notice given in any other way.

When You visit http://bittorrent.mybrowserbar.com/ or send Us e-mails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We may communicate with You by e-mail, or by posting notices on http://bittorrent.mybrowserbar.com, or http://bittorrent.mybrowserbar.com/terms_mac.html. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

4. ADDITIONAL RIGHTS YOU GRANT
By installing the Programs on your computer, You expressly authorize and request Spigot and/or its Programs business affiliates of partners to:

  1. act as Your search agent to conduct or process inquiries on Your behalf using Spigot's search engine and technologies and business partners' search engines, technologies, and sites, and collect relevant information and display information to You;
  2. take actions Spigot deems appropriate to provide the Programs to You and to act on Your behalf in obtaining information from partners and displaying or otherwise providing that to You;
  3. read and interpret Your search requests and results on certain sites and use this information to conduct or process searches on Your behalf ], offer alternative results and to personalize The Programs for You;
  4. collect and use information in accordance with Our Privacy Policy, which is available through a link here http://bittorrent.mybrowserbar.com/ and perhaps more specifically at http://bittorrent.mybrowserbar.com/privacy_mac.html, which Privacy Policy, as amended from time to time (and we point out that we may respond to or comply with subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, including by providing "documents" and information, including that which might identify You, and where We believe it is necessary to share information in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, situations involving potential threats to the physical safety of any person, violations of our Terms, or as may otherwise be required by law or regulation) (and You are further referred to Section 9, including with regard to the privacy policies of Our Programs affiliates and business partners);
  5. start the Programs automatically when you start your computer, and to appear as a Programs in your Safari browser. You may change how the Programs starts and appears using the respective Programs application options;
  6. modify your Safari browser settings for the default search engine, DNS errors, address bar search, homepage, start page and new tab page to facilitate more informative responses as determined by Us, Our search partners, or the Programs ;
  7. communicate with Our servers from time to time to check for available software updates such as bug fixes, patches, enhanced functions and new versions (collectively, "Updates"). By installing the start the Programs, you agree to allow the start the Programs to automatically request, receive, and install Updates, without any additional notice.

5. LIMITATIONS ON YOUR USE

  1. Personal Use. You agree to use the start the Programs (as well as any information provided or made available by or through the start the Programs ) only for your own personal purposes and not for the benefit of any third party or for purposes of competing with Spigot in any way.
  2. No Scraping or Derivative Uses. Without limitation, you will not provide or make available any such information to others and you will not scrape, compile, combine or organize (or take any action similar to the foregoing, automatically or manually, with respect to) any such information. You agree not to modify, copy, publish, license, create derivative works from or sell the start the Programs or rent, lease, transfer or otherwise transfer rights to the start the Programs (this also applies to information available from or through the start the Programs ), or reverse engineer the start the Programs .
  3. Legal Uses. You agree not to use the start the Programs in a manner prohibited by law or in violation of any contractual provision by which you are bound.
  4. Interference. You agree not to use the start the Programs in a manner that could overburden or restrict the functions of the start the Programs, or in any manner that could interfere with any other user's ability to use the start the Programs.

6. INTELLECTUAL PROPERTY
Spigot™ is a trademark of Spigot. Other trademarks, names, and logos on the start the Programs or a Spigot site are the property of their respective owners. The trademarks, logos, and service marks displayed on the start the Programs or a Spigot site (collectively the "Trademarks") are the registered and unregistered trademarks of Spigot, its licensors, suppliers, and others. The Trademarks owned by Spigot, whether registered or unregistered, may not be used in connection with any product or service that is not Spigot's in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages Spigot or blurs, tarnishes, or dilutes the Trademarks or Spigot. Nothing contained on the start the Programs or a Spigot site, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of Spigot, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Spigot may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You acknowledge that Spigot and its partners and affiliates own all rights, title and interest in the Searchme and Domain Error Assistant start the Programs, and services provided through or in conjunction with the start the Programs, 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 the start the Programs. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the start the Programs.

7. DISCLAIMERS

  1. Although the start the Programs display the search results, products or services of various persons or entities (individually and collectively "Entities"), such display in no way implies, suggests, or constitutes any sponsorship, affiliation, endorsement, or approval of or by such Entities or their or our respective products or services. Spigot will have no liability for the actions or inactions of Entities or your use of their products or services. In any case, your use of the start the Programs, and your use of any merchants' or the products and/or services of such Entities are entirely at your own risk.
  2. Spigot provides the start the Programs and services "as is" and "as available" and, except as expressly set forth in these Terms disclaims all other warranties, whether written, oral (and We never enter into any oral understandings or agreements), express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Spigot will not be liable due to outages caused by the failure of network or communications components or errors in any electronic files, whether or not provided by Spigot. Spigot makes no representation or warranty that the operation of the start the Programs or Spigot's site will be uninterrupted or error-free, and Spigot will not be liable for the consequences of any interruptions or errors. No advice or information from Spigot, whether oral (and We never enter into any oral understandings or agreements) or written, will create any warranty not expressly stated in the Terms.
  3. Some or all of our start the Programs business affiliates or partners may have their own terms and conditions, terms of use, or end user license agreements, and You agree with and to those in connection with those start the Programs and business affiliates or partners, however, in relation to Us if there is any conflict between these Terms which would give You greater rights the provisions of these Terms will govern.

8. THIRD PARTY SITES / SERVICE PROVIDERS / VENDORS
8.1 Links To Third Party Sites
Links within or accessed from Spigot or the start the Programs may link to other sites or platforms ("Reference Sites"). We are not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that We have no liability and are not responsible at all for anything on or linked from or occurring as a result of Your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of Spigot and Spigot does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

8.2 Third Party Service Providers / Vendors
If We mention or link to any third party service provider or vendor, You agree that We are not responsible for even the most trusted third party service providers / vendors; We encourage You to determine for Yourself whether any such third party service providers / vendors are right for You and Your particular needs. Spigot is mentioning or providing links to third party service provider or vendors as a convenience, and even if Spigot is remunerated in some fashion, Spigot is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by third party service providers or vendors. You agree that Spigot assumes and has no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any third party service provider or vendor Site or Your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, etc. of Spigot and Spigot does not endorse or affirmatively support anything on or linked from any third party service provider or vendor Site. Access and use of third party service provider or vendor sites, including the information, materials, products, and services on or available through third party service provider or vendor sites is solely at Your own risk.

9. PRIVACY POLICY
Your use of the start the Programs is governed by Our privacy policy (the "Privacy Policy"), which is available here (http://bittorrent.mybrowserbar.com/privacy_mac.html) and is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to collection, use, and disclosure of Your personal information. Notwithstanding anything to the contrary in the Privacy Policy, We Our affiliates or agents may contact You, including by telephone or email (if you provide us with such information), including after this Agreement (the Terms) expires or is terminated, and Your agreement to the Terms constitutes Your request that We contact and communicate with You, including by traditional mail, private courier, telephone (land and mobile), email, texts, through social media such as Facebook, Twitter, Google+, YouTube, Vimeo, and various blogs.

We may report to law enforcement authorities any actions that We believe may be illegal, and any reports We receive of such conduct. When we believe we are legally required to do so or at Our discretion, We may cooperate with law enforcement agencies, regulators, or parties to a civil action in any investigation or requests for information, including of alleged illegal activity related to Us or the start the Programs or on the Internet, and may disclose information that We have about You.

Some or all of our start the Programs business affiliates or partners may have their own privacy policies, and You agree with and to those in connection with those start the Programs and business affiliates or partners, however, in relation to Us if there is any conflict between Our Privacy Policy which would give You greater rights the provisions of these Terms and Our Privacy Policy will govern.

10. DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL
YOUR USE OF ANY SPIGOT SITE, EXTENSION, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. SPIGOT IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY EXTENSION OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY SITE, EXTENSION, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE EXTENSION, SITE OR SERVICES, OR FOR ANY LACK OF ACCESS TO ANY SITE, EXTENSION, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). SPIGOT HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY SITE, EXTENSION, OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY US OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).

SPIGOT, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY EXTENSION, SITE OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY EXTENSION, SITE OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH EXTENSION, SITE, OR SERVICE, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH EXTENSION, SITE OR SERVICE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL SPIGOT, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, ANY PROGRAMS, SITES, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF SPIGOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPIGOT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER [ALTHOUGH WE TRY TO PROTECT AGAINST THAT].

REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY SPIGOT CONCERNING ACTIONS SPIGOT MAY OR WILL TAKE, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY.

11. LIMITATION OF LIABILITY AND DAMAGES
11.1 Limitation of Liability
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY EXTENSION, PROGRAM, SERVICES, SITES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY EXTENSIONS, PROGRAM, SITES, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY EXTENSION, SITE, SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY EXTENSION, SITE, SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE MAY INTERRUPT ANY EXTENSION, SITE, OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF WE KNOWSOR HAVE BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON ANY EXTENSION, SITE, SERVICE, OR RECEIVED THROUGH ANY REFERENCE SITES.

THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR US THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, AND SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.

11.2 Limitation of Damages
IN NO EVENT WILL SPIGOT OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', ATTORNEYS', OR THIRD-PARTY PARTNERS', LICENSORS', OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY EXTENSION, SITE, SERVICE, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING ANY EXTENSION, SITE, OR SERVICE, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.

THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY EXTENSION, SITE, SERVICE, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.

11.3 Limitations by Applicable Law
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, IF THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY AT ALL. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS, THOUGH IT IS OUR POSITION THAT SINCE THE LAWS OF NEVADA GOVERN THIS AGREEMENT THE LAWS OF THE JURISDICTION WHERE YOU RESIDE DO NOT APPLY. YOU AGREE THAT THE FOREGOING DOES NOT GIVE YOU ANY RIGHT TO ASSERT, AND YOU WILL NOT ASSERT, THAT THE LAWS OF THE JURISDICTION WHERE YOU RESIDE APPLY OR THAT THE VENUE FOR ANY SUCH CLAIMS WOUD BE IN SUCH JURISDICTION.

11.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE EXTENSIONS, APPLICATION, PROGRAM, SITES, AND SERVICES, SET OUR PRICES AND OTHER CONSIDERATION, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE ANY EXTENSION, SITE, SERVICE, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

12. YOUR REMEDIES
YOUR ONLY REMEDY with respect to any breach by Us of any term in these Terms, Our Privacy Policy, violation of any right or law, or dissatisfaction with (i) any Extension, Site, Service, Reference Site, or Third Party Vendor, (ii) any term of these Terms, (iii) any policy or practice of Spigot, or any Reference Site, or Third Party Vendor in operating any start the Programs, site, or Service, is to terminate Your account and discontinue using any and all start the Programs.

13. LOCAL LAWS; EXPORT CONTROL
Spigot operates from its headquarters in the State of Nevada in the United States of America and an Extension, Site or Service may not be appropriate or available for use in other locations. If You use any Extension, Site, or Service outside the United States of America, You are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms are contingent on Your compliance with this and all other provisions.

14. INDEMNIFICATION & RELEASE
You agree to indemnify, defend, save, and hold harmless Spigot, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any Spigot Platform, Service, Content, any violation by You of any term of these Terms, or any breach of the representations, warranties, promises, or covenants made by You herein. Spigot reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless Spigot, and You agree to cooperate with Spigot's defense of these claims. Spigot will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Users are responsible for their acts and omissions and content placed on any Spigot Platform. In the event that You have a dispute with or claim against one or more Users, You release Spigot (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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."

15. CLAIMS
YOU AND WE AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY EXTENSION, SITE, OR SERVICE, EXCEPT FOR OUR RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 12, REGARDING YOUR REMEDIES.

16. DISPUTE RESOLUTION
If a dispute arises between You and Spigot, we would like to achieve a neutral and cost effective means of resolving disputes quickly. Except as set forth otherwise in these Terms, You and Spigot agree to resolve any claim or controversy at law ("Claim"), and although You have waived Your right to seek equitable or injunctive relief, should You attempt to pursue such relief in contravention of Your agreement not to, You will seek to resolve any claim or controversy at equity, that arises out of Your use of any Spigot Extension, Site, Or Service, or these Terms in accordance with one of the subsections below or as Spigot and You otherwise agree in writing, signed by hand, on paper. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Legal Disputes - This Agreement (the Terms) is governed in all respects by the laws of the State of Nevada and controlling U.S. federal law, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against Spigot, or Spigot may have against You, must be resolved exclusively by a state or federal court located in Washoe County, Nevada, or the federal courts of the District of Nevada, USA, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts (and arbitrators) located within Washoe County, Nevada, USA, for the purpose of litigating all such claims or disputes.

Arbitration Option - Although Section 12 regarding Your remedies governs, for any claim (excluding claims by Spigot for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If we are unable to agree upon an ADR provider then the default ADR provider will be the American Arbitration Association, JAMS, or Judicate West, as decided by the party submitting the claim for arbitration.

Improperly Filed Claims - All claims You bring against Spigot must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. Should You file a claim contrary to this Dispute Resolution Section, Spigot may recover attorneys' fees and costs up to $1,000, provided that Spigot has notified You of the improperly filed claim, and You have failed to promptly withdraw the claim.

17. CLASS ACTIONS
You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.

18. GENERAL

  1. Third Party Agreements. You will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.
  2. No Agency. You and Spigot are arms-length parties to a contract, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
  3. Notices. Except as explicitly stated otherwise, any notices given by You must be given to Our postal address or to Our registered agent for service of process. Required notices to You by Us will be deemed given the earlier of upon posting to our site at http://bittorrent.mybrowserbar.com or http://bittorrent.mybrowserbar.com/privacy_mac.html or 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Spigot during any registration process. In such case, notice will be deemed given 3 days after the date of mailing.
  4. Governing Law. Nevada law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration Section, venue for any legal action will be the state courts of Washoe County, Nevada, or the federal courts of the District of Nevada, USA,. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
  5. Waivers. A party's failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
  6. Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by Us as set forth herein. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
  7. Assignment. This Agreement is not assignable, transferable or sublicensable by you without Spigot's prior written consent, and any such conveyance will be null and void.
  8. Headings. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.
  9. Other Terms. Some of our services, for example, legacy systems, may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these Terms by reference.

19. RESERVATION OF RIGHTS
Spigot reserves all rights not expressly granted in these Terms.

20. PREVENTION OF UNAUTHORIZED USE
Spigot reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of any Extension, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. Spigot reserves the right to monitor Your use of any Spigot Extension to ensure compliance with this Agreement. If Spigot, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Agreement, Spigot reserves the right to take such action deemed necessary to resolve this issue.

21. MISCELLANEOUS

  1. We may in Our sole and unfettered discretion, for any or no reason, and without penalty, terminate these Terms and Your access to use of the start the Programs, without cause and without notice to you. Upon termination, you must discontinue use of the start the Programs.
  2. This limited license terminates automatically, without notice to You, if You breach any term, condition, covenant, agreement, warranty, or representation of the Terms. Upon termination of this limited license, You agree to immediately uninstall the start the Programs and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title, or interest in or to any Extension.
  3. These Terms along with any other notices or policies contain the understanding with respect to your use of the start the Programs, and will supersede all prior understandings and agreements, whether written or oral (and We never enter into any oral understandings or agreements), and all prior dealings.
  4. These Terms are subject to change, but you can review these Terms any time by visiting this page.
  5. The provisions of these Terms, which by their nature should survive the termination or expiration of these Terms, will survive such termination or expiration.

22. TERMINATION
You may terminate these Terms by uninstalling the start the Programs from your computer and discontinuing your use of the start the Programs.

[The following within the brackets is for your information only, and is not a contractual agreement, including and notwithstanding anything stated or implied elsewhere

Programs Uninstall

You can easily uninstall the Searchme, eBay extensions from your Safari browser by selecting
Safari > Preferences > Extensions > Uninstall

In order to properly uninstall Spigot's Application Manager, please open the Terminal application (located under the /Applications/Utilities folder) and run the following commands:launchctl unload ~/Library/LaunchAgents/com.spigot.ApplicationManager.plist. Then, go ahead and remove the Spigot directory from the ~/Library/Application Support/ directory.

Extension Deactivation

You can easily hide or deactivate the Searchme, eBay extensions in Safari by selecting Safari> Preferences > Extensions , and then unselecting the checkbox for the specific extension.

23. COMPLAINTS
In accordance with Cal. Civ. Code §1789.3, if You are domiciled in California You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

24. QUESTIONS OR COMMENTS
If you have questions or comments, please send us a note at support_[at]_ spigot_[dot]_com.

©Spigot, Inc., 2015 - All Rights Reserved

Effective Date: January 21, 2013

This privacy policy applies to the Searchme, eBay extensions for Safari and the Application Manager program, (collectively and individually, "Programs"), and is independent of any other application(s) you may be installing or using concurrently. The Programs are provided and maintained by Spigot, Inc., which may be referred to herein as "Spigot," "We," "Us," or "Our" whether in uppercase, lowercase, or a combination. This Privacy Policy will also be applicable to additional browsers extensions, add-ons, programs, or plug-ins, that are provided and maintained by Us. In the instance of the availability of any additional browser extensions, add-ons, programs or plug-ins, before it is or they are installed or added by you we will give you notice of the opportunity to install or add it or them, and give you the opportunity to agree and accept and install or add, or decline to install or add, it or them. Agreement may be by default. Because there may be more than one extension covered by this Privacy Policy the Program and additional extensions and programs may be referred to herein collectively and individually, as "Programs."

We want you to know that we care about your privacy and will never intentionally collect personally identifiable information or monitor usage on an individual level.

Changes to this Privacy Policy
Because of the rapidly evolving nature of the internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, We may change, update and modify the Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by placing a notice on our site at http://bittorrent.mybrowserbar.com/ and perhaps more specifically at http://bittorrent.mybrowserbar.com/privacy_mac.html , or in some other reasonable manner so You may always make yourself aware or be aware of what has changed. If any modification is unacceptable to You, You shall cease using the Extension and Services right away. If You do not cease using the Programs and Services, You will be conclusively deemed to have accepted the change(s). Except as stated elsewhere, any amended Privacy Policy shall automatically be effective as soon as it is initially posted except if We states that We are is giving advance notice of any amended term to be effective on a date in the future. You agree that it is your responsibility to check the Privacy Policy and any guidelines periodically for changes. Except as posted by Us this Privacy Policy may not be otherwise amended, and no term may be waived by Us, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of Ours. For purposes of this provision, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.

Information we collect during the installation and any susequent removal or uninstallation of the Programs
The information we collect is for basic reporting purposes only, and consists of the following:

  1. Date and time of installation
  2. Originating IP address and the user's country at time of installation/un-installation
  3. Partner ID at time of installation
  4. Extension version at time of installation
  5. A numeric identifier of the product that distributes the Extension (channel id)
  6. Media access control ("MAC") and operating system data

Information we collect during Usage of the Programs
We do not monitor the web pages you visit. When you perform a search, your search may be sent through our servers in order to optimize the search result. This will record the following information:

  1. Date and time of search
  2. Originating IP address
  3. Partner / Channel ID of your Extension
  4. Extension version
  5. Search term(s)

In addition, your web browser will communicate to us information it gives to every web server that has placed one or more active cookies on your browser: ip address and browser user agent that contains information about your computer hardware and software attributes.

How we use the Information we collect
All information collected is reported by us on an aggregate basis. We may use this information to measure, for example:

  1. the total number of Programs installs/uninstalls in order to pay our partners
  2. the number of Extensions active in Safari, Firefox and Google Chrome (to study browser trends, for example)
  3. the total number of DNS errors in order to measure growth patterns
  4. MAC and operating system data

Information collected by Third Parties
Search results pages you visit when performing a search using the Programs are provided by our search engine partners (e.g.,Yahoo, Baidu, Yandex, eBay, Namespace, 50onred, Dealply etc.). These search engines can track the following:

  1. Search term that was entered into the search box
  2. Originating IP address and the user's country or OS language setting
  3. Sponsored listings or other advertisements that you click on
  4. That the search request came from the Searchme, eBay Shopping Assistant or extension and its associated revenue tag
  5. MAC and operating system data
  6. The direct provider of the might collect certain information

We suggest that you consider visiting the sites of these search engines and the to learn their privacy policies and more information about what they collect, as well as to determine how you may attempt to prevent the collection of such information, or clear such information. Some of these search engines are members of the Network Advertising Initiative (NAI). To opt out of other ad networks or to learn more about network advertising, please visit the NAI site and Digital Advertising Alliance website.

No Spyware
The Programs do not collect personally identifiable information or monitor your surfing behavior.

No Adware
The Programs do not launch pop-up or pop-under advertisements, or any other obtrusive forms of advertising.

Use of Cookies
When you conduct a search using the extensions, our content providers who supply search results (e.g., Yahoo, Baidu, Yandex, etc.) may set or access cookies on your computer. The cookies are used for the purpose of measuring referrals from our Programs on an aggregate basis and are not tied to your personal information, except for your IP Address, and as may be otherwise disclosed in the privacy policies of these providers. Many browsers offer users the option of declining or deleting cookies. If you do not wish to accept cookies, or you wish to delete cookies, please modify the settings in your browser. (A cookie is message given to a web browser by a web server. The message is then sent back to the server each time the browser requests a page from the server. There are many resources available on the internet that explain in greater detail what cookies are, what types of cookies exist, and what they do.)

Also, please refer to the section above titled "Information collected by Third Parties"

Programs Updates Automatically

The Programs communicate with our servers from time to time to check for available software updates such as bug fixes, patches, enhanced functions and new versions. By installing the Programs, you agree to automatically request, receive and install updates without any additional notice.

[The following within the brackets is for your information only, and is not a contractual agreement, including and notwithstanding anything stated or implied elsewhere

Programs Uninstall
You can easily uninstall the Searchme, eBay extensions from your Safari browser by selecting
Safari > Preferences > Extensions > Uninstall

In order to properly uninstall Spigot's Application Manager, please open the Terminal application (located under the /Applications/Utilities folder) and run the following commands:launchctl unload ~/Library/LaunchAgents/com.spigot.ApplicationManager.plist. Then, go ahead and remove the Spigot directory from the ~/Library/Application Support/ directory

Extension Deactivation

You can easily hide or deactivate the Searchme, eBay extensions in Safari by selecting Safari> Preferences > Extensions , and then unselecting the checkbox for the specific extension.

Children's Privacy
We recognize the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Programs are not intended for children under the age of 13. We do not target the Programs or our Services to children under 13. We do not knowingly collect personally identifiable information from children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAMS AT ANY TIME OR IN ANY MANNER. IF WE LEARNS THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13 YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH THE PROGRAMS, WE WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION.

IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS BECOME AN EXTENSION USER SUBSCRIBER, THEN PLEASE CONTACT SPIGOT AT PRIVACY_at_SPIGOT dot_COM TO HAVE THAT CHILD'S ACCOUNT TERMINATED AND INFORMATION DELETED.

THE FOLLOWING ARE SOME RESOURCES THAT MAY HELP PARENTS AND LEGAL GUARDIANS IN MONITORING AND LIMITING YOUR CHILDREN'S ACCESS TO CERTAIN TYPES OF MATERIAL ON THE INTERNET. WHILE WE DOES NO ENDORSE THESE SITES, SERVICES, OR PRODUCTS, AND DISCLAIMS ANY RESPONSIBILITY IN CONNECTION WITH THEM, WE PROVIDE INFORMATION ABOUT THEM AS A PUBLIC SERVICE.

  1. OnGuard Online , maintained by the Federal Trade Commission.
  2. WiredSafety
  3. Netsmartz.org
  4. The Child Safety Network
  5. Control Kids
  6. Cyber Sitter
  7. Net Nanny

INFORMATION SHARING AND DISCLOSURE
We do not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

Notice to European Users
The information You enter on or through An Extension or otherwise provide to us may be transferred outside of the European Union to the United States of America, which does not offer an equivalent level of protection to that required in the European Union. In particular, You are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union's Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection. By agreeing to the terms of use and this privacy policy, You consent to the transfer of all such information to the United States of America, which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by us on our servers located in the United States of America as described in this Privacy Policy.

Questions and Suggestions
If you have questions or suggestions, please send us a note at support_at_spigot.com.

Effective Date: June 2nd 2015