Boots Treat Street ("Company") provides a shopping service (the "Service") that entitles you to use shopping discount tracking software provided by a third party licensor called Incentive Networks (the "Software"). Your use of the Software is optional. By downloading the Software you agree to the following terms of this End User Licence Agreement ("EULA") with Incentive Networks (“Licensor”) and to Licencor's Privacy Statement below.
Your Representations. You represent that you are at least 18 years of age. You represent and warrant that you are either the owner or an authorised user of the computer on which you are installing the Software. You agree that you shall at all times comply with all local, state, national, and international, statutes, rules, regulations, ordinances and the like applicable to use of the Software.
Licence and Updates. Licensor grants you a non-exclusive licence to install and use the Software solely for personal use and only for the purpose of accessing the Service. Licensor reserves the right to add additional features or functions to its Software at any time, without asking your approval. Licensor may require the update of its Software on your computer when a new version of the Software is released or new features are available. This update or new download may occur automatically when you use the Service. Changes to this EULA may be made by the Licensor and will be posted on the Company's web site. Your continued use of the Software will constitute consent to the revised terms. Neither Company nor Licensor is under any obligation to support the Software. Licensor may at any time suspend or terminate this licence and disable the Software.
Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software for any reason (except to the extent that such prohibitions are not allowed by local law). You may not modify the Software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the Software is licensed and not sold, and the Software and all rights not expressly granted herein are reserved to Licensor.
Warranty Disclaimer. LICENSOR PROVIDES THE SOFTWARE ON AN "AS IS" "WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. USE OF THE SOFTWARE IS AT YOUR OWN RISK. LICENSOR DOES NOT WARRANT THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties. In such case any applicable warranties shall be limited to a period of 90 days from the date of download.
Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. or any country in the EEA has embargoed goods or services; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer is Incentive Networks, insert address here, ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.
Limitation of Liability. IN NO EVENT WILL LICENSOR OR ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, ADVERTISERS, DIRECTORS, SUPPLIERS, LICENSORS OR AGENTS BE LIABLE FOR ANY LOSS OF SAVINGS OF LOSS OR PROFITS, OR LEGAL FEES, OR FOR ANY INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OR EXEMPLARY OR PUNITIVE DAMAGES, , ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR USE OR INABILITY TO USE THE SOFTWARE, WHETHER AS A RESULT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.00. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Licensor's liability shall be limited to the maximum extent permitted by law.
Governing Law and Arbitration. The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any claim or controversy arising out of or related to this Agreement as between you and Licensor shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The foregoing shall not preclude Licensor from seeking any injunctive relief to which it may be entitled.
General. This Agreement, as modified from time to time, sets forth the entire understanding and agreement between you and Licensor with respect to the subject matter hereof. If any provision hereof shall be held to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be in any way affected. No delay or failure to enforce any provision of this Agreement shall constitute a waiver of such provision. You may not assign this Agreement without Licensor's consent.
What Information Does the Software Collect?
If you voluntarily submit personally identifiable information to us when you request technical support, we only use that information to respond to your request.
How Do We Use This Information?
To enhance performance of the Software and ensure proper purchase credits. The Software associates the non-personally identifiable information that it collects to an anonymous, randomly generated member ID to ensure proper credit for qualified transactions using the Service.
With Whom Do We Share Information?
Third-Party Merchant Partners. We may share non-personally identifiable information we collect through the Software with our third party merchant and advertising partners.
Licensors and Others. We may also share information (including personally identifiable information) with the Company, and with third parties who provide us with technology or help us perform a business function, to enable the Service to be provided to you and improved; to protect our rights (and the Company's rights), or to the extent that such information is required to be disclosed under a legal or regulatory obligation.
How Do I Stop The Service?
You can stop the service by uninstalling the application from your computer. The only authorised means to uninstall the Software is to use the Add/Remove Programs facility in the Microsoft Windows Control Panel. After the removal of the Software, you will no longer be able to use the features of the Service using the Software.
Changes to this Privacy Statement
We reserve the right to make periodic changes in this Privacy Statement. The effective date of the current version of this Privacy Statement is indicated at the top of this page. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Statement.