CashGopher End User License Agreement
NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA" or "AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY MYLOT, LLC (REFERRED TO IN THIS AGREEMENT AS "WE" OR "MYLOT") FROM ANY MYLOT WEB SITE. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY CASHGOPHER SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT GOVERN YOUR USE OF ANY OTHER SOFTWARE (DEFINED IN SECTION 3 BELOW). PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE CASHGOPHER SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE CASHGOPHER SOFTWARE.
Special Notice for Non-English Speakers:
Notice for All Users:
The CashGopher Software will show you a limited number of ads. The ads are based on keywords from the websites you visit. Please note that you may receive Adult-oriented ads if you utilize keywords connected to, search for, or view Adult websites. Please also note that, depending on your browser version, the CashGopher Software may become the default search provider. Once installed and running, you can access the CashGopher Software from your system tray, and you can uninstall it at any time by using the Add or Remove Programs feature of Microsoft Windows.
1. Definitions. "CashGopher Software" means the software available for download by clicking on "Download Software" on http://www.cashgopher.com. "Use," "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the CashGopher Software.
2. Owner of Computer; All Users Bound; Age Limitation; Software License. You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the CashGopher Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the CashGopher Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the CashGopher Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the CashGopher Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the CashGopher Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the CashGopher Software. By accepting the terms of this Agreement and Using the CashGopher Software, you represent that you are over the age of 18. As long as you comply with, and subject to, the terms of this Agreement, CashGopher grants to you a non-exclusive, revocable license to Use the CashGopher Software, in binary executable form only, solely for the purposes described in this Agreement.
3. Restrictions. You will: (a) not reverse engineer, disassemble or decompile the CashGopher Software or attempt to discover or recreate the source code to the CashGopher Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the CashGopher Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the CashGopher Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of myLot or its licensors in the CashGopher Software, (e) not Use the CashGopher Software for purposes for which it is not designed, and (f) only Use the CashGopher Software for personal, non-commercial use.
4. Intellectual Property Rights. The CashGopher Software is the intellectual property of, and owned by, MyLot and its licensors and suppliers. The structure, organization and code of the CashGopher Software are the valuable trade secrets and confidential information of MyLot and its licensors and suppliers. The CashGopher Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the CashGopher Software by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by MyLot and its assigns, licensors and suppliers.
5. Advertisements. The CashGopher Software recognizes keywords from your Internet browser to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and browsing online. The CashGopher Software starts automatically when you start your computer, runs in the background on your computer, displays an icon in your system tray while running, and may periodically show you advertisements. By installing and/or using the CashGopher Software, you grant permission for MyLot to periodically show you advertisements. You understand that a portion of the revenue generated from these advertisements is redistributed back to you and other users of the CashGopher software through our earnings program. Please note that you may receive ads for Adult-oriented websites if you utilize keywords connected to, search for, or view Adult websites. An Adult website is one that contains or references (whether via audio, video, audiovisual, images, sounds or text) any of the following: profanity, violence, blood and gore, weapons, use of alcohol, drugs, tobacco, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references. MyLot does not permit advertisements that are themselves pornographic, nor does it permit advertisements for online "pay-for-play" gambling, either directly or indirectly, in the United States or other jurisdictions where such advertisements are disallowed. More generally, MyLot does not permit ads promoting illegal products or illegal practices. If you believe you have received an ad that violates these prohibitions, please let us know through the contact us form located on our website. We request that you enclose a screenshot of the ad in your communication to us. The advertisements that the CashGopher Software presents are not endorsed by or affiliated with the websites that trigger their appearance. Advertisements that the CashGopher Software presents are branded with a CashGopher brand name in, for example, a conspicuous line of text at the bottom of the Slider ad, so you will know that they are brought to you by MyLot and CashGopher Software and not by the Web pages you may be viewing when the advertisements are displayed.
6. Uninstallation. You understand and agree that the presence of the CashGopher Software on your computer is voluntary and that you may remove the CashGopher Software from your computer at any time. The CashGopher Software may be uninstalled by going to the "Add or Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for the CashGopher Software. Specifically, to uninstall the CashGopher Software, please follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3. Select Add or Remove Programs; 4. Select the CashGopher Software; 5. Click Change/Remove. You may be required to restart your computer in order for the uninstallation to take effect. Please note that the above is the only proper way to ensure complete removal of all CashGopher Software files – many security applications or other software tools do not completely or properly remove the CashGopher Software.
7. Updates. MyLot, in its sole discretion, may provide you with Updates to the CashGopher Software as part of this Agreement. The CashGopher Software will automatically check MyLot for the existence of any Update that CashGopher has released, and in the event that one is available, the CashGopher Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring that MyLot provide Updates. MyLot will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed CashGopher Software without your prior consent.
8. Disclaimer of Warranties and Remedies; Indemnity.
8.1. No Warranty; Disclaimer. YOUR USE OF THE CASHGOPHER SOFTWARE IS AT YOUR SOLE RISK. THE CASHGOPHER SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyLot, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MyLot, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE CASHGOPHER SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE CASHGOPHER SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CASHGOPHER SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CASHGOPHER SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE CASHGOPHER SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA CASHGOPHER SOFTWARE OR THE USE OF THE CASHGOPHER SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND MyLot EXPRESSLY DISCLAIMS ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CASHGOPHER SOFTWARE, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MyLot OR THROUGH OR FROM THE CASHGOPHER SOFTWARE SHALL CREATE ANY WARRANTY.
8.2. Limitation of Damages. NEITHER MYLOT NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE MYLOT AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE CASHGOPHER SOFTWARE OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF MYLOT OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYLOT'S OR ANY OF ITS LICENSORS' OR SUPPLIERS' ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00US). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any representations made with respect to, and support or assistance offered by MyLot in connection with, the CashGopher Software are offered by MyLot only and not by any third party providing open source to MyLot.
10. Compatibility. MyLot does not warrant that the CashGopher Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the CashGopher Software is not compatible with your hardware or other software installed on your computer system, the CashGopher Software can be uninstalled. Please refer to Section 9 (above) for detailed uninstall directions. Like all software, the CashGopher Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the CashGopher Software on a computer with inadequate system resources will cause such computer's performance to suffer.
11. User Representations and Warranties. You acknowledge, represent and warrant that (a) your installation and/or Use of the CashGopher Software will not violate any local, state or federal laws that apply to you or to the Use or installation of the CashGopher Software; and (b) MyLot is not causing the CashGopher Software to be installed on your computer, but has provided the CashGopher Software to you, which you are installing of your own volition.
12. Indemnification. You agree to defend, indemnify, and hold harmless MyLot, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the CashGopher Software or your breach of this Agreement.
13. Export. You agree that the CashGopher Software may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the CashGopher Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of Kansas, U.S.A., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by JAMS / Endispute or the American Arbitration Association pursuant to their arbitration rules and procedures (the "Rules"), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any arbitration conducted hereunder shall take place in Overland Park, Kansas. Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator's fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys' fees. Kansas law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules. Nothing in this section shall prohibit MyLot from seeking injunctive relief before an appropriate court to the extent necessary to protect its rights pending resolution of the dispute in accordance with the foregoing provisions.
15. Miscellaneous. This is the entire agreement between CashGopher and you relating to the CashGopher Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the CashGopher Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of CashGopher. If you violate any term of this Agreement, CashGopher may terminate this Agreement without waiving any other rights. This Agreement is assignable by CashGopher. You may not assign your rights and obligations under this Agreement.
16. Contact Us. If you have any questions about the CashGopher Software, you should consult the CashGopher Software website http://www.cashgopher.com. This site includes links to company information, answers to frequently asked questions, contact forms, and all of MyLot's current policies for the CashGopher Software.