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Terms of Service
ACCEPTANCE OF TERMS.The services that Astroleap and eureka!mobile provide to you are subject to the following Terms of Use ("TOU"). Astroleap and eureka!mobile reserve the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of Astroleap and eureka!mobile's Web pages.
DESCRIPTION OF SERVICES.
Through its networks, Astroleap and eureka!mobile provide you with access to a variety of resources, including the eureka!mobile software, download areas, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, reverse engineer, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the websites, cell phones, text messages etc. ("Software") are the copyrighted work of Astroleap and eureka!mobile and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement ("EULA"), if any, which accompanies or is included with the ("License Agreement") A user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and 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 LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ASTROLEAP AND EUREKA!MOBILE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, CONTENT INCLUDING COUPONS, SPECIAL OFFERS,DISCOUNTS AND THE LIKE INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING DOCUMENTS, SOFTWARE, AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL ASTROLEAP AND EUREKA!MOBILE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, COUPONS,SPECIAL OFFERS, DISCOUNTS,DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
DESCRIPTION OF eureka!mobile application.
The eureka!mobile application allows you to find, download, save and redeem coupons, special offers, discounts and the like. It also allows you to receive directions, maps and other information about a particular business establishment of interest. Astroleap and eureka!mobile do not warrant the accuracy of this information.
USE OF eureka!mobile application.
The eureka!mobile application is currently only operative in the United States. While Astroleap and eureka!mobile use the best commercially available information, the map database used for eureka!mobile may not always be accurate. This is because construction, new roads, road closures, or the like, and other conditions are constantly changing and may cause inaccuracies in the map database. Because of this, the eureka!mobile service might not be able to generate a correct position, create a correct route, or display correct information. Astroleap and eureka!mobile are not responsible for your use of the eureka!mobile service while driving, or any consequences thereof. You agree that it is your responsibility as the vehicle operator to securely place the cell phone so that it will not interfere with driving and will not prevent operations of any safety device (such as the airbag) in your vehicle. Do not mount the cell phone devices in a place where the driver or passengers may get hurt during vehicle operation or in case of collision. Astroleap and eureka!mobile are not responsible for any damage to persons or property arising out of your failure to properly use the cell phone device. Additionally, neither Astroleap nor eureka!mobile will be responsible whatsoever for any errors or admissions resulting from any content, coupon, special offer, discount or the like that the establishment does not honor for any reason whatsoever. Nor does Astroleap account for the accuracy of the offers and will not be held responsible for anything in reference to such data.
DISCLAIMER OF WARRANTY.
ASTROLEAP AND EUREKA!MOBILE AND THEIR LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
DISCLAIMER OF LIABILITY.
ASTROLEAP AND EUREKA!MOBILE AND THEIR LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ASTROLEAP AND EUREKA!MOBILE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
DISCLAIMER OF ENDORSEMENT.
Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Astroleap and eureka!mobile or its licensors. Product and service information are the sole responsibility of each individual vendor.
EXPORT CONTROL.
You agree not to export from anywhere any part of Astroleap and eureka!mobile's products provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
INDEMNITY.
You agree to indemnify, defend and hold Astroleap and eureka!mobile and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the map data, coupons, discounts or special offers and/or Astroleap and eureka!mobile's products.
ENTIRE AGREEMENT.
These terms and conditions constitute the entire agreement between Astroleap and eureka!mobile (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, 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 of Astroleap and eureka!mobile's servers, or the network(s) connected to any Astroleap and eureka!mobile 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 Astroleap and eureka!mobile server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE ASTROLEAP AND EUREKA!MOBILE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ASTROLEAP AND EUREKA!MOBILE AND ASTROLEAP AND EUREKA!MOBILE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ASTROLEAP AND EUREKA!MOBILE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ASTROLEAP AND EUREKA!MOBILE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ASTROLEAP AND EUREKA!MOBILE OF THE SITE. COPYRIGHT NOTICE.
Copyright © 2006 Astroleap and eureka!mobile, Inc., 5330 Carroll Canyon Road , Suite 230, San Diego, CA 92121 U.S.A. All rights reserved.
Last Updated: Wednesday, September 6, 2006 - 12:00 p.m. Pacific Time
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