Browser Highlighter Terms and Conditions
By using Browser Highlighter or visiting www.browserhighlighter.com, you agree to be bound by the following Terms and Conditions:
1. Contracting Partner
Your contracting partner is:
2. What is Browser Highlighter?
Browser Highlighter is a collection of browser extensions that allow you to instantly access eBay Inc. sites and services (like services from eBay, PayPal, Skype and StumbleUpon) while surfing the internet (including locations that have no connection with eBay Inc. companies or services). By downloading this application, the Browser Highlighter plug-ins will generally be visible to you in white space on websites you visit (even though they are not actually found on the sites themselves).
3. Using Browser Highlighter
eBay grants you the right to use Browser Highlighter for your personal, non-commercial use only, subject to these Terms and Conditions and subject to legal availability in your country of residence. You may not modify, copy or distribute any rights, information or software associated with Browser Highlighter. You may not use Browser Highlighter in any manner that could impair eBay's sites or services or interfere with any other party's use and enjoyment of eBay' sites or services. You will use Browser Highlighter for lawful purposes and only in compliance with all applicable laws, including, but not limited to, export laws and copyright and other intellectual property laws.
4. Intellectual Property
You acknowledge that eBay and its content and service providers own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to Browser Highlighter, portions thereof, or software provided through or in conjunction with Browser Highlighter. 'Intellectual Property Rights' means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, distribute, prepare derivative works from or attempt to derive source code from Browser Highlighter. You also agree not to remove, obscure or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Browser Highlighter. All rights not expressly granted to you are reserved by eBay or its suppliers.
5. Disclaimer of Warranties
eBay disclaims, to the extent allowed by law, any responsibility for harm resulting from your use of Browser Highlighter. Browser Highlighter is provided "as is" with no warranties whatsoever. You download and use Browser Highlighter at your own discretion and risk and you will be solely responsible for any damages or loss that result from the download or use of Browser Highlighter.
6. Limitation of Liability
Under no circumstances shall eBay be liable to any user on account of that user's use or misuse of Browser Highlighter. 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 eBay has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from reliance on, use of, misuse of or inability to use Browser Highlighter (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 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.
You agree to indemnify and hold harmless eBay and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your use of Browser Highlighter or its features, any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
You may terminate these Terms and Conditions at any time by uninstalling Browser Highlighter from your computer. Your right to use Browser Highlighter will terminate immediately if you violate any provision of these Terms and Conditions. Upon termination, you may no longer use Browser Highlighter and you must remove Browser Highlighter from your computer. eBay reserves the right to terminate these Terms and Conditions with 14 days' notice. Sections 2-5, 8 and 9 shall survive termination.
9. Privacy and Other User Agreements
10. Software and Policy Updates
11. Technical Support
For technical support and accessing the Browser Highlighter support knowledgebase, go to http://thebrowserhighlighter.com/help.jsp.
12. Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict-of-laws provisions of California or your actual state or country of residence. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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.
Effective September 2, 2010.