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CashGopher

CashGopher Terms of Use

July 2010

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Acceptance of Terms

myLot, LLC and affiliates ("myLot") provide this CashGopher Web site (the "Site") and any services available on the Site to you subject to the following terms and conditions ("Terms"). These Terms constitute a binding legal agreement between you and MyLot ("Agreement") regarding your access and use of the Site and any Service. Please read this Agreement carefully. By accessing or using the Site or a Service, you accept these Terms and any modifications that may be made to the Terms from time to time. If you do not agree to any provision of these Terms, you should not use the Site or any Service.

Description of Services

MyLot's CashGopher Software, at times, performs various tasks and serves targeted advertisements (each, a "Service" and collectively, "Services") that help generate revenue for myLot. A portion of these revenues are redistributed to you through the CashGopher Earnings Program.

You must be at least 18 years of age to access and use the Site and any Service. By using the Site or any Service, you represent that you are at least 18 years old.

MyLot reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MyLot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

1. Privacy Policy

We believe strongly in providing you notice of how we collect and use data, including personally identifiable information, from the Site. Therefore, we have adopted a Privacy Policy, linked from the bottom of each page of this Site, to which you should refer to fully understand how we collect and use information. You understand that through your use of this Site or the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to or from the United States for storage, processing and use by MyLot.

2. Proprietary Rights; Limited License

Unless otherwise indicated, all Site materials, including, without limitation, products, processes or technology described in this Site, CashGopher's logos, and all text, designs, graphics and other files, and the selection and arrangement thereof, are the proprietary intellectual property of MyLot or its contributors or licensors and all rights therein are reserved by MyLot. Subject to these Terms, MyLot grants you a limited license to make personal, informational, non-commercial use of this Site. You may view and electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for personal, informational, non-commercial use only. Any other use of this Site or the materials contained herein without the prior written permission of MyLot is strictly prohibited, including, without limitation: (a) any resale or commercial use of this Site or its content or Services; (b) the retransmission, rebroadcasting or other distribution, display or publication of any information contained in this Site or the Services; (c) making derivative uses of this Site and its contents, including the Services; (d) use of any data mining, robots or similar data-gathering or data extraction methods; (e) downloading (other than the page caching) of any portion of this Site or any information contained on this Site, except as expressly permitted on this Site; or (f) any use of this Site or Services other than for their intended purpose.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, copyright, trademark or other proprietary right of MyLot or any third party. All information provided by MyLot on this Site is the sole and exclusive property of MyLot or its contributors or licensors.

3. Notice Regarding Software Available on this Site

Any software that is made available to download from this Site ("Software") is the copyrighted work of MyLot and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the Software ("EULA"). You will be unable to install any Software that is accompanied by or includes a EULA unless you first agree to the EULA terms. Any reproduction or redistribution of the Software that is not in accordance with the EULA is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS WARRANTED IN THE EULA, MYLOT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

As further set forth in the EULA: (a) the United States export control laws prohibit the export of certain technical data and software to certain countries and territories. No Software from this Site may be downloaded or otherwise exported in violation of United States law.

4. Notice Regarding Documents Available on this Site; Permission Notice

Permission to use documents, such as white papers, press releases, datasheets and FAQs ("Documents") from this Site is granted, provided that (1) the below Copyright Notice (see last section of these terms and conditions) appears in all copies and that both the Copyright Notice and this Permission Notice (this entire section) appear; (2) use of such Documents from this Site is for informational, personal and non-commercial use only and will not be copied or posted on any network computer or broadcast in any media; and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of any Site. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by MyLot.

MyLot AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MyLot AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MyLot, AND/OR ITS RESPECTIVE SUPPLIERS, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT (WHETHER NEGLIGENCE OR OTHER TORTIOUS ACTION) OR OF ANY OTHER NATURE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MyLot AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

5. Confidentiality

You acknowledge that portions of this Site may contain valuable Confidential Information (as defined below) of MyLot, and you agree to protect and preserve such Confidential Information against any unauthorized use, copying, distribution or disclosure. Without limitation of the foregoing, you agree to use the Confidential Information solely for the purposes for which it has been disclosed to you by MyLot. You further agree not to disclose any Confidential Information to any third party, except as necessary to carry out the purpose for which such Confidential Information was provided and only to third parties who are under confidentiality restrictions not to disclose such information. As used herein, Confidential Information shall mean any nonpublic information that is proprietary or confidential to MyLot or any information of a third party that MyLot is obligated to keep confidential, including, but not limited to, information that relates to MyLot's products, services, technology, research, development, product ideas, clients, customers, employees, contractors, business and marketing plans, finances, contracts, legal affairs, business affairs or any other confidential or proprietary matter, subject or issue.

6. Account, Password and Security

For certain of the Services, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyLot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyLot cannot and will not be liable for any loss or damage arising from your failure to comply with this section or relating to passwords or account designations generally.

7. Trademarks

MyLot and CashGopher's logos and other MyLot and CashGopher product or service names or slogans contained in this Site are either trademarks, service marks or registered trademarks of MyLot and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyLot. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MyLot's CashGopher Software, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MyLot. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are used for identification purposes only, and are the property of their respective owners.

8. Repeat Infringer Policy; Claims of Copyright Infringement; Designated Agent

MyLot respects the intellectual property of others, and we ask our users to do the same. MyLot may, in appropriate circumstances and in its sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide MyLot's designated copyright agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on this Site; (d) your name, address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information 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. Failure to include all of this information may result in a delay of the processing of your notification.

MyLot's designated agent for notification of claims of copyright or other intellectual property infringement can be reached by email at copyright@cashgopher.com.

9. Feedback

If you provide feedback to us regarding the Site, a Service, or Software ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you waive any "moral rights" in the feedback and you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

10. No Unlawful or Prohibited Use

As a condition of your use of this Site, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MyLot server, or the network(s) connected to any MyLot server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any MyLot server or to any of the Services, through hacking, password mining or any other inappropriate means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

11. Disclaimer

THIS SITE, THE SERVICES, AND THE MATERIALS IN THIS SITE OR IN THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MYLOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MYLOT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, CURRENT, OR ERROR-FREE, OR THAT THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. MYLOT DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MyLot reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, Services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MyLot.

12. Limitation of Liability

IN NO EVENT SHALL MYLOT, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. SUCH LIMITATION OF LIABILITY ALSO INCLUDES ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM MYLOT, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MYLOT'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYLOT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ONE HUNDRED US DOLLARS (US $100). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS.

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. In such jurisdictions, the foregoing disclaimers shall apply to the greatest extent permitted by applicable law or shall be reconstructed to comply with the disclaimer's intent to the fullest extent permitted by such jurisdiction.

13. Indemnification

You agree to defend, indemnify and hold harmless MyLot, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against MyLot and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.

14. Applicable Law and Venue; Statute of Limitations

Any claim or cause of action arising out of or related to use of the Site, the Services or the Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Overland Park, Kansas, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or MyLot may seek any interim or preliminary relief from only the state or federal courts located in Overland Park, Kansas, as necessary to protect the rights or property of you or MyLot, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts in such instances. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services or the Terms must be made within one (1) year after such claim or cause of action arose or be forever barred.

15. Modification & Amendments

MyLot reserves the right to amend at any time any policies governing this Site, including these Terms, by posting the amended terms on the Site. Your use of the Site or Services following the posting of any change to the policies will constitute your acceptance of any such changes. We encourage you to review our Terms and policies frequently to make sure that you agree with any amended term. The amended terms shall be effective immediately after they are initially posted on this Site. If you do not agree with any amended term, you must cease using this Site and all Services.

16. Termination

Notwithstanding any of these Terms, MyLot reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site. These Terms may not be otherwise amended by you except in a written document signed by MyLot.

17. Waiver; Severability; No Third Party Beneficiaries

No waiver by CashGopher, whether express or implied, of any provision of these Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms; nor shall CashGopher be estopped from enforcing any provision of these Terms, except by written instrument executed by CashGopher. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that, except as may otherwise be expressly provided herein, there shall be no third party beneficiaries to these Terms.

18. Copyright Notice

Copyright © 2014, MyLot, LLC All rights reserved.