The Spigot Toolbar Terms of Use applies to the pdfforge Toolbar ("Toolbar") and Widgi Toolbar platform (the customizable and skinnable common layer for Spigot Toolbars), which are built and maintained by Spigot, Inc. ("We"). The Toolbar allows you a convenient way to help find search results online by collecting your requests for information and processing them through our search engine partners. Our partners may compensate us for making this information available to you. Use of the Toolbar is free of charge to you. Widgi Toolbar Platform extension will also be added in Firefox, this is the common layer for the pdfforge Toolbar. Use of the Toolbar and its features as described below requires that you agree to the following Terms of Use. You agree to be legally bound by these Terms of Use by clicking the "Next", "Run", "Install" or "Yes" button provided.
1.1 Rights You Grant to Spigot.
By installing the Toolbar on your computer, you expressly authorize and request Spigot to:
a) act as your search agent to conduct inquiries on your behalf using Spigot's search engine and technologies and partners' sites, and collect relevant information and display it to you;
b) take actions Spigot deems appropriate to provide the Toolbar to you and to act on your behalf in obtaining information from partners and displaying that to you;
c) read and interpret your search requests and results on certain sites and use this information to conduct searches on your behalf, offer alternative results and to personalize The Toolbar for you;
d) collect information in accordance with our privacy policy;
e) start the Toolbar automatically when you start your computer, and to appear as a toolbar in your Microsoft Internet Explorer and/or Mozilla Firefox browser. You may change how the Toolbar starts and appears using the respective application options;
f) modify your Microsoft Internet Explorer and/or Mozilla Firefox browser settings for the default search engine, address bar search, "DNS error" page, "404 error" page, and new tab page to facilitate more informative responses as determined by The Toolbar;
g) communicate with Spigot servers from time to time to check for available software updates such as bug fixes, patches, enhanced functions and new versions (collectively, "Updates"). By installing The Toolbar, you agree to automatically request and receive Updates. When there is a material change to the reference notices or the toolbar software, we will notify you through a pop-up in your web browser. At that point you will be given the chance to accept the new changes and update the toolbar or decline the new changes and do not update the toolbar. Uninstall instructions are also presented at this point.
b) take actions Spigot deems appropriate to provide the Toolbar to you and to act on your behalf in obtaining information from partners and displaying that to you;
c) read and interpret your search requests and results on certain sites and use this information to conduct searches on your behalf, offer alternative results and to personalize The Toolbar for you;
d) collect information in accordance with our privacy policy;
e) start the Toolbar automatically when you start your computer, and to appear as a toolbar in your Microsoft Internet Explorer and/or Mozilla Firefox browser. You may change how the Toolbar starts and appears using the respective application options;
f) modify your Microsoft Internet Explorer and/or Mozilla Firefox browser settings for the default search engine, address bar search, "DNS error" page, "404 error" page, and new tab page to facilitate more informative responses as determined by The Toolbar;
g) communicate with Spigot servers from time to time to check for available software updates such as bug fixes, patches, enhanced functions and new versions (collectively, "Updates"). By installing The Toolbar, you agree to automatically request and receive Updates. When there is a material change to the reference notices or the toolbar software, we will notify you through a pop-up in your web browser. At that point you will be given the chance to accept the new changes and update the toolbar or decline the new changes and do not update the toolbar. Uninstall instructions are also presented at this point.
1.2 Limitations on Your Use.
a) Personal Use. You agree to use the Toolbar (as well as any information provided or made available by or through the Toolbar) only for your own personal purposes and not for the benefit of any third party or for purposes of competing with Spigot in any way.
b) No Scraping or Derivative Uses. Without limitation, you will not provide or make available any such information to others and you will not scrape, compile, combine or organize (or take any action similar to the foregoing, automatically or manually, with respect to) any such information. You agree not to modify, copy, publish, license, create derivative works from or sell the Toolbar or rent, lease, transfer or otherwise transfer rights to the Toolbar (this also applies to information available from or through the Toolbar).
c) Legal Uses. You agree not to use the Toolbar in a manner prohibited by law or in violation of any contractual provision by which you are bound.
d) Interference. You agree not to use the Toolbar in a manner that could overburden or restrict the Toolbar's functions, or in any manner that could interfere with any other user's ability to use the Toolbar.
b) No Scraping or Derivative Uses. Without limitation, you will not provide or make available any such information to others and you will not scrape, compile, combine or organize (or take any action similar to the foregoing, automatically or manually, with respect to) any such information. You agree not to modify, copy, publish, license, create derivative works from or sell the Toolbar or rent, lease, transfer or otherwise transfer rights to the Toolbar (this also applies to information available from or through the Toolbar).
c) Legal Uses. You agree not to use the Toolbar in a manner prohibited by law or in violation of any contractual provision by which you are bound.
d) Interference. You agree not to use the Toolbar in a manner that could overburden or restrict the Toolbar's functions, or in any manner that could interfere with any other user's ability to use the Toolbar.
1.3 Intellectual Property.
You acknowledge that Spigot and its partners and affiliates own all rights, title and interest in the Toolbar, and services provided through or in conjunction with the 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 the Toolbar. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Toolbar.
1.4 Licensing and Patent Marking Information.
1.5 Disclaimers.
a) Although the Toolbar displays the search results, products or services (collectively "Entities"), such display in no way implies, suggests, or constitutes any sponsorship or approval of or by such Entities or their respective products or services. Spigot will have no liability for the actions or inactions of Entities or your use of their products or services. In any case, your use of the Toolbar, and your use of any merchants' products and/or services are at your own risk.
b) Spigot provides its services "as is" and "as available" and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Spigot will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by Spigot. Spigot makes no representation or warranty that the operation of Spigot's site will be uninterrupted or error-free, and Spigot will not be liable for the consequences of any interruptions or errors. No advice or information from Spigot, whether oral or written, shall create any warranty not expressly stated in the Terms of Use. c) The Widgi Toolbar Platform is a common layer for our toolbars which ensures core functionality for Spigot Toolbars.
b) Spigot provides its services "as is" and "as available" and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Spigot will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by Spigot. Spigot makes no representation or warranty that the operation of Spigot's site will be uninterrupted or error-free, and Spigot will not be liable for the consequences of any interruptions or errors. No advice or information from Spigot, whether oral or written, shall create any warranty not expressly stated in the Terms of Use. c) The Widgi Toolbar Platform is a common layer for our toolbars which ensures core functionality for Spigot Toolbars.
1.6 Limitation of Liability.
Neither Spigot nor its partners will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if Spigot or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use Spigot services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Spigot services.
1.7 General.
a) Third Party Agreements. You will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.
b) No Agency. Except for the limited purpose stated in the 'Limited Agency' Section, you and Spigot are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
c) Notices. Except as explicitly stated otherwise, any notices will be given by email to support_[at]_spigot_[dot]_com. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Spigot during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
d) Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Spigot may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of you or Spigot pending the completion of arbitration.
e) Governing Law. California law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration Section, venue for any legal action will be the state courts of San Mateo County, California, or the federal courts of the Northern District of California. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
f) Waivers. A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
g) Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
h) Assignment. This Agreement and your user names and passwords are not assignable, transferable or sublicensable by you without Spigot's prior written consent, and any such conveyance will be null and void.
i) Attorneys' Fees. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
j) Headings. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.
k) Other Terms. Some of our services, for example, legacy systems, may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these Terms by reference.
b) No Agency. Except for the limited purpose stated in the 'Limited Agency' Section, you and Spigot are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
c) Notices. Except as explicitly stated otherwise, any notices will be given by email to support_[at]_spigot_[dot]_com. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Spigot during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
d) Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Spigot may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of you or Spigot pending the completion of arbitration.
e) Governing Law. California law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration Section, venue for any legal action will be the state courts of San Mateo County, California, or the federal courts of the Northern District of California. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
f) Waivers. A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
g) Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
h) Assignment. This Agreement and your user names and passwords are not assignable, transferable or sublicensable by you without Spigot's prior written consent, and any such conveyance will be null and void.
i) Attorneys' Fees. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
j) Headings. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.
k) Other Terms. Some of our services, for example, legacy systems, may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these Terms by reference.
1.8 Miscellaneous.
a) We may terminate these Terms of Use immediately with respect to your use of the Toolbar, without cause and without notice to you. Upon termination, you must discontinue use of the Toolbar.
b) These Terms of Use along with any other notices or policies contain the understanding with respect to your use of the Toolbar, and shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
c) These Terms of Use are subject to change, but you can review these Terms of Use any time by visiting this page.
d) The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, will survive such termination.
b) These Terms of Use along with any other notices or policies contain the understanding with respect to your use of the Toolbar, and shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
c) These Terms of Use are subject to change, but you can review these Terms of Use any time by visiting this page.
d) The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, will survive such termination.
1.9 Termination.
You may terminate these Terms of Use by uninstalling the Toolbar from your computer and discontinuing your use of the software.
1.10 Questions or Comments.
If you have questions or comments, please send us a note at support_[at]_spigot_[dot]_com.
Last Updated: January 10, 2013