By using the IndexBar Toolbar, including the "IndexBar Features and Services" and any third party software made available in conjunction with this software (collectively, the "IndexBar Toolbar"), you agree to be bound by the following terms and conditions (the "Terms and Conditions"). BY CLICKING ON THE "NEXT" OR "YES" BUTTON WHEN THE IndexBar TOOLBAR SELECTION BOX IS CHECKED OR BY CLICKING ON THE PRODUCT DOWNLOAD BUTTON, YOU AGREE TO BE LEGALLY BOUND BY SUCH TERMS AND CONDITIONS.

IndexBar FEATURES AND SERVICES

THE IndexBar TOOLBAR SOFTWARE IS A CUSTOMIZABLE BROWSER TOOLBAR APPLICATION WHICH PROVIDES YOU WITH (1) ONE-CLICK ACCESS TO THE ASSORTMENT OF TOOLS, SERVICES AND WIDGETS OF IndexBar, (2) EASY ACCESS TO SEARCH RESULTS FROM YAHOO!, (3) COMPARITIVE TRAVEL FARES FROM ORBITZ WHEN YOU SEARCH FOR TRAVEL FARES ON POPULAR TRAVEL WEBSITES, AND (4) RELEVANT RELATED LINKS AND SEARCH RESULTS DELIVERED (VIA PANELS AND/OR WINDOWS) IN RESPONSE TO RELEVANT USER ACTIONS INCLUDING SEARCHES CONDUCTED AT OTHER SEARCH ENGINES, SEARCHES CONDUCTED THROUGH THE BROWSER ADDRESS BAR, AND MISSPELLED OR INCORRECTLY FORMATTED BROWSER ADDRESS REQUESTS. THESE SEARCH FEATURES ARE ACTIVATED BY THE SOFTWARE MODIFYING DEFAULT INTERNET EXPLORER BROWSER SETTINGS.

No personal information is required to use the IndexBar Toolbar and IndexBar has no Spyware or Adware bundled with it. Further, IndexBar is additionally bound by the IndexBar Privacy Policy.To view our Privacy Policy click here.

NON-COMMERCIAL USE ONLY

IndexBar Toolbar is made available to you for your non-commercial use only. This means that you may use it at work or at home, to search for anything you want. But you first need to obtain IndexBar's permission if you want to sell the IndexBar Toolbar or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from the IndexBar Toolbar.

Furthermore, you may not use the IndexBar Toolbar in any manner that could damage, disable, overburden, or impair IndexBar's search services (e.g., you may not use the IndexBar Toolbar in an automated manner), nor may you use the IndexBar Toolbar in any manner that could interfere with any other party's use and enjoyment of IndexBar's search services.

You may make copies of the IndexBar Toolbar and distribute such copies to others within your employer's organization provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions.   If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions.  If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, do not distribute the IndexBar Toolbar to them.  If you have any questions regarding the terms of distribution, please contact Customer Support.

If you have comments about the IndexBar Toolbar or ideas on how to improve it, please contact Customer Support.  Please note that by doing so, you also grant IndexBar and third parties permission to use and incorporate your ideas or comments into the IndexBar Toolbar (or third party software) without further compensation.   

INTELLECTUAL PROPERTY

You acknowledge that IndexBar and/or third party affiliates own all rights, title and interest in and to the IndexBar Toolbar, portions thereof, or software provided through or in conjunction with the IndexBar Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from IndexBar Toolbar. You also agree to not remove, obscure, or alter IndexBar's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the IndexBar Toolbar.

DISCLAIMER OF WARRANTIES

IndexBar and any third party who makes its software available in conjunction with or through the IndexBar Toolbar disclaim any responsibility for any harm resulting from your use of the IndexBar Toolbar and/or any third party software accessed in conjunction with or through the IndexBar Toolbar.

THE IndexBar TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. IndexBar AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IndexBar AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IndexBar TOOLBAR AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE IndexBar TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE IndexBar TOOLBAR AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

YOU UNDERSTAND THAT BY RUNNING CERTAIN TYPES OF SOFTWARE, SPECIFICALLY INCLUDING THOSE THAT QUARANTINE, DELETE OR UNINSTALL OTHER SOFTWARE APPLICATIONS, YOU MAY INTERFERE WITH THE FUNCTIONALITY OF THE IndexBar TOOLBAR.FURTHER, YOU UNDERSTAND THAT SUCH INTERFERENCE CAN LEAD TO DIFFICULTIES WITH THE IndexBar UNINSTALLER AND THAT THE IndexBar TOOLBAR SHOULD ALWAYS BE UNINSTALLED THROUGH STANDARD MEANS AT THE ADD/REMOVE RATHER THAN THROUGH THIRD PARTY SOFTWARE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL IndexBar OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE IndexBar TOOLBAR OR SUCH THIRD PARTY SOFTWARE. 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 IndexBar AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE IndexBar TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR, FROM INABILITY TO USE THE IndexBar TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF IndexBar TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE IndexBar TOOLBAR (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 STATES OR OTHER 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.

MISCELLANEOUS PROVISIONS

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware without reference to conflict of law principles. 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.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by IndexBar and/or a third party who makes its software available in conjunction with or through the IndexBar Toolbar.

 

TERMS OF USE FOR THE REFERENCE PRODUCT

1.ACCEPTANCE OF TERMS

Welcome to IndexBar. IndexBar provides its Content to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time .... In addition, when using particular IndexBar owned or operated Contents, you and IndexBar shall be subject to any posted guidelines or rules applicable to such Contents which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

2. DESCRIPTION OF CONTENT

IndexBar currently provides users with access to a rich collection of resources, including, Premium Dictionaries, Encyclopedias, Atlases, Glossaries, Thesauruses through its network of properties (the "Content"). You also understand and agree that in addition to the it's content, IndexBar may include advertisements and that these advertisements are necessary for IndexBar to provide the Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Content, including the release of new IndexBar properties, shall be subject to the TOU. You understand and agree that the Content is provided "AS-IS" and that IndexBar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In addition, you must provide and are responsible for all equipment necessary to access the Content.

3. USE OF CONTENT

You are only permitted view and/or browse the Content, and/or make limited copies of portions of the Content as fall within the "fair use" provisions of the United States Copyright Act, provided all such uses are for noncommercial personal purposes. You are not, however, permitted to retrieve and store in electronic or any other form any of the databases underlying the Content that is accessed through our Web Site or Software. All commercial and/or unauthorized use of the Content of any kind, including reproduction of any kind for a commercial purpose of any kind, direct or indirect, is strictly prohibited. The Content, the Web Site and the Software remain solely our property or the property of our content providers at all times, and their use is subject to copyright as defined in our copyright statement that may be found here.

4. IndexBar PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy here.

5. MODIFICATIONS TO CONTENT

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

6. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Content, including payment and delivery of related goods or Contents, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IndexBar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Content.

7. LINKS

The Content may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IndexBar has no control over such sites and resources, you acknowledge and agree that IndexBar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IndexBar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Contents available on or through any such site or resource.

8. IndexBar'S PROPRIETARY RIGHTS

You acknowledge and agree that the Content and any necessary software used in connection with the Content ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
IndexBar grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Content. You agree not to access the Content by any means other than through the interface that is provided by IndexBar for use in accessing the Content.

9. DISCLAIMER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
ACCESS TO THE CONTENT AND USE OF THE WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. WE DO NOT VERIFY THE CONTENT. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE CONTENT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
IndexBar MAKES NO WARRANTY THAT (i) THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, CONTENTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. WE DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY CONTENT. THE CONTENT MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE CONTENT. YOU SHOULD NOT USE THE CONTENT FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL CONSULTATIONS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

10. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE CONTENT THAT IS ACCESSED THROUGH THE SOFTWARE OR THE WEB SITE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CONTENT. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CONTENT. IMMEDIATELY DISCONTINUE USE OF THE CONTENT AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CONTENT -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

11. SPECIAL ADMONITION FOR CONTENTS RELATING TO FINANCIAL MATTERS

If you intend to view any Content concerning companies, stock quotes, investments or securities, please read the above Sections 9 and 10 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Content is provided for informational purposes only, and no Content is intended for trading or investing purposes. IndexBar and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Content, and shall not be responsible or liable for any trading or investment decisions made based on such information.

12. TRADEMARK INFORMATION

The IndexBar, trademarks and Content marks and other IndexBar logos and product and Content names are trademarks of IndexBar. Without IndexBar's prior permission, you agree not to display or use in any manner, the IndexBar Marks.

13. ENTIRE AGREEMENT

The TOU constitute the entire agreement between you and IndexBar and govern your use of the Content, superceding any prior agreements between you and IndexBar. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IndexBar Contents, affiliate Contents, third-party content or third-party software.

14. CHOICE OF LAW AND FORUM

The TOU and the relationship between you and IndexBar shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and IndexBar agree to submit to the personal and exclusive jurisdiction of the courts