| my.webaroo.com TERMS OF USE |
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Last Updated: February 29, 2008 Your use of the my.webaroo.com website ("Website") is subject to these Website Legal Terms of Use ("Terms"). By using the Website, you agree to be bound by these Terms and use the Website in compliance with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE. The terms "you", "your", and "yours" refer to you, the customer using the Website. The terms "Webaroo", "we", "us", and "our" refer to Webaroo Inc. We may periodically make changes to these Terms. It is your responsibility to review the most recent version of Terms frequently and remain informed about any changes to it. |
| License to Use the Website |
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Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for personal, noncommercial purposes. Your right to use the Website is limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website; (b) rent, lease, or sublicense access to the Website; nor (c) circumvent or disable any security or technological features or measures of the Website. |
| Access to the Website; Modifications to the Website |
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We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g. charges by internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Website. The Website is not intended for or directed to persons under the age of 13. |
| Restrictions |
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You must comply with all applicable laws, including U.S. export control laws, when using the Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website ("Website Content") or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content. |
| Privacy Policy |
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We may collect registration and other information about you through the Website. Our collection and use of this information is governed by the Privacy Policy available below. |
| Links and Third Party Content |
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The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites. |
| Disclaimer of Warranties |
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YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBAROO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBAROO OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. |
| Limitation of Liability |
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WEBAROO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBAROO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL WEBAROO'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBAROO FOR USE OF THE WEBSITE AND WEBSITE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
| Copyright Infringement |
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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a description of the copyrighted work or other intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Website, your address, telephone number, and email address, and a statement by you that this information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please report this information by email to copyright@webaroo.com. This email address is being protected from spam bots, you need Javascript enabled to view it. |
| Indemnity |
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You will indemnify and hold Webaroo, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Website or Website Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website or Website Content. |
| Updates to this Website and License Agreement |
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We may occasionally update the Website and these Terms. When we do, we will revise the "last updated" date on these Terms. You should check this Website and these Terms frequently to see recent changes. By continuing to use the Website, you consent to any updates to this Website and these Terms. This version of these Terms supersede all earlier versions. |
| Legal Notices |
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You agree that all matters relating to your access to, or use of, the Website shall be governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against Webaroo must be commenced in the State of California within one year after the claim arose. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California. Webaroo makes no representation that information on the Website is appropriate or available for use in all countries, and prohibits accessing the Website from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Website on your own initiative and at your own risk and are responsible for compliance with all laws applicable to your use of the Website. If you are located outside of the United States, please note that this Website is hosted on our computer servers in the United States. Any personally identifiable information submitted to us in connection with the Website will therefore be transferred to the United States, a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Website or submitting any personally identifiable information you thereby expressly consent to and authorize these transfers. |
| Contacting Webaroo |
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If you have any questions or concerns about the Website or these Terms, please send us a thorough description by email to support@webaroo.com. This email address is being protected from spam bots, you need Javascript enabled to view it. |
| Webaroo 2 for Windows SERVICE & LICENSE AGREEMENT |
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Last Updated: February 29, 2008 We will provide the Webaroo Service ("Service") and related software ("Software") to you subject to the terms of this Service and License Agreement. By using the Service or Software, you agree to be bound by this Agreement and use the Service and Software in compliance with this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE OR SOFTWARE. The terms "you", "your", and "yours" refer to you, the customer using the Service or Software. The terms "Webaroo", "we", "us", and "our" refer to Webaroo Inc. We may periodically make changes to this Service and License Agreement. It is your responsibility to review the most recent version of our Service and License Agreement frequently and remain informed about any changes to it. |
| Account Registration |
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At this time we require you to enter your valid email address when downloading and using the Service and Software. We reserve the right to require more information in the future for continued use of the service. If any change is unacceptable to you, you may terminate your account by responding to our notice within 30 days of receipt. Only you are authorized to use your account to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. Please notify us immediately of any unauthorized use of the Software or Service or any other breach of security. The Service and Software is not intended for or directed to persons under the age of 13. If you register for an account with us, you represent to us that you are 13 years of age or older. |
| Fees |
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As of the date stated above, the Service and Software are provided to you free of charge. We reserve the right to change our fees or billing methods at any time by providing you notice of any change at least 30 days in advance. If any change is unacceptable to you, you may terminate your account by responding to our notice within 30 days of receipt. |
| Termination |
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You have the right to terminate your account at any time. Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Service, the Software, or this Agreement. We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. |
| Access to the Service/ Modifications to the Service |
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We do not provide you with the equipment to access the Service or use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers). The Service includes functionality that uploads non-personal portions of the content that users download from the Service to the network to speed operation for all users. By agreeing to this license and using the Service, you understand that this functionality is an integral part of the Service. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service. |
| Restrictions |
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You must comply with all applicable laws, including U.S. export control laws, when using the Service and Software. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available through the Service or Software ("Service Content") or compile or collect any Service Content as part of a database or other work; (b) use any automated tool ( e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service, Software, or Service Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service or Software; (f) use the Service or Software in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service, Software, or Service Content. |
| License to Software |
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Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to (a) install and use one copy of the Software on a single personal computer solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software. |
| Privacy Policy |
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We may collect registration and other information about you through the Service and Software. Our collection and use of this information is governed by the Privacy Policy available below. |
| Links and Third Party Content |
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The Service and Software will enable you to store third party content (e.g., videos, photos, RSS feeds and web sites) and may contain links to third party products, services, and websites. We exercise no control over the third party content, products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party content, products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party content, products, services, and websites. |
| Disclaimer of Warranties |
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YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT IS AT YOUR SOLE RISK. SERVICE, SOFTWARE, AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBAROO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE CONTENT, AND YOU RELY ON THE SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBAROO OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. |
| Limitation of Liability |
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WEBAROO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBAROO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL WEBAROO'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBAROO FOR THE SERVICE OR SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
| Copyright Infringement |
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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see the Copyright information provided on our web site for problem resolution. |
| Indemnity |
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You will indemnify and hold Webaroo, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Software, or Service Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Software, or Service Content. |
| Updates to this Service and License Agreement |
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We may occasionally update this Service and License Agreement. When we do, we will place "last updated" date on the Service and License Agreement. You should check this Service and License Agreement frequently to see recent changes. By continuing to use your account, the Service, or Software, you consent to any updates to this Service and License Agreement. This version of the Service and License Agreement supersedes all earlier versions. |
| Legal Notices |
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You agree that all matters relating to your access to, or use of, the Service and Software shall be governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against Webaroo must be commenced in the State of California within one year after the claim arose. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California. Webaroo makes no representation the Service or Software is appropriate or available for use in all countries, and prohibits accessing the Service or Software from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Service or Software on your own initiative and at your own risk and are responsible for compliance with all laws applicable to your use of the Service or Software. If you are located outside of the United States, please note that the Service and Software is hosted on our computer servers in the United States. Any personally identifiable information submitted to us in connection with the Service or Software will therefore be transferred to the United States, a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Service or Software or submitting any personally identifiable information you thereby expressly consent to and authorize these transfers. |
| Contacting Webaroo |
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If you have any questions or concerns about this Service and License Agreement or the Service or Software, please send us a thorough description by email to support@webaroo.com. This email address is being protected from spam bots, you need Javascript enabled to view it. |
| PRIVACY POLICY |
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Last Updated: February 29, 2008 Webaroo Inc. ("Webaroo") operates a website offering online Internet search capabilities (the "Webaroo website") and offers software providing Your Web to Go capabilities ("the Webaroo software"). Webaroo takes the privacy of personal information obtained via the Webaroo website and the Webaroo software very seriously. This Privacy Policy describes what information we gather from you, how we use that information and what we do to protect it. By using the Webaroo website or the Webaroo software, you are expressly consenting to the use and disclosure of information provided to Webaroo as described in this Privacy Policy. We do not install spyware or adware on your computer. |
| Information We Gather |
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At this time, the Webaroo website and the Webaroo software may collects personally identifiable information about users including names, email addresses or other contact information as a condition of using our website or our software. We automatically recognize user's IP addresses and related transactional information concerning visitors to our site. We also collect information on both the use of our website and the use of our software. This information includes things like searches performed, pages accessed and advertisements. While the information is not personally identifiable, it is associated with a particular copy of our software. That way, we can better target content alerts, suggestions and advertisements to users of the software based on their interests. We also aggregate this information to provide reports to our advertisers and to websites that are accessed through the software. |
| Content |
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As the nature of the Webaroo software consists of aggregating content from third party web sites, Webaroo cannot take any responsibility for the suitability of such content. You understand that by using the software that you may be exposed to Content that you may find offensive, indecent, obscene, illegal or objectionable and that, in this respect, you use it at your own risk. |
| Children |
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The Webaroo website and software are not intended for or directed to persons under the age of 13. Webaroo does not knowingly collect personal information from children under 13.. |
| Cookies |
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As you browse the Webaroo website and use our software, cookies are placed on your computer's hard drive. (Cookies are small pieces of data that are sent to your browser from a Web server and stored on your hard drive for record keeping purposes). We use cookies on our website to store user preferences and provide better service when users return to the Webaroo website. We also use them to ensure that users are not repeatedly sent the same banner ads, and to customize website content based on user's browser type or other information that the user sends. Our Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set up to accept cookies. |
| Disclosure of Information to Third Parties |
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Webaroo may share aggregated information with third parties about the activities of users of its site and software. For example, we may tell an advertiser that its message was displayed to 5,000 users in a given month and that 500 of those users clicked on the ad. We may supply similar information to websites accessible through the Webaroo website or software. For example, we may tell a popular restaurant guide, that 250 users a day access their website while offline. These disclosures do not reveal any personally identifiable information to the extent we possess any. Separately, we may share information, including any personally identifiable information, with third parties when we believe we are required to do so by law, or we believe it is necessary to safeguard Webaroo or its user's rights or property. Finally, we may transfer information, including any personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change regarding our website. |
| Removal from Contact Lists |
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As noted, you may supply Webaroo with information on how to contact you during your visits to our website, and we reserve the right to use that information to contact you concerning the company's products and services. If you do not want to be contacted by us in the future, please let us know by sending us an email to privacy@webaroo.com or by writing to us at our corporate offices, attention privacy. |
| Security |
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Webaroo takes information security very seriously and uses reasonable administrative, technical and managerial measures to protect your personal information from unauthorized access. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. If Webaroo learns of a security systems breach through which sensitive personal information may have been compromised we may attempt to notify you electronically so that you can take appropriate protective steps. You agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. |
| Changes to the Privacy Policy |
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This policy is effective as of February 29, 2007. As we update and expand our services, we may make changes to this policy. If the changes result in materially less protection for your personal information than that provided in this policy, we will make reasonable efforts to contact you and obtain your consent to the changes. |
| Questions |
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If you have any questions, comments or concerns about this Privacy Policy, you may contact us by mail at the following address: Webaroo Inc.
3940 Freedom Circle Santa Clara, CA 95054 Attn: Privacy |
