TERMS OF SERVICE AGREEMENT

Welcome to the website of Linkool International (“Linkool”, “we”, or “us”), whose principal place of business is at 3 Results Way, Cupertino, CA 95014, United States. This document is a legal document explaining the terms and conditions by which you may use our service. By accessing or using Linkool’s products (including but not limited to browser plug-ins and browser add-ons), services, websites, or otherwise any machine readable code or software in connection with the products, services, or websites (collectively, “Service”), you signify that you have read, understood, and agree to be bound by the terms and conditions (“General Terms”) set forth in this Terms of Service Agreement (“Agreement”), whether or not you are a registered user (i.e. you have a valid account and a corresponding password) of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the General Terms at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the new General Terms. If you do not agree to abide by these or any future General Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check our website to determine if there have been changes to the General Terms and to review such changes. Violation of any of the General Terms in this Agreement will, at our discretion, result in the termination of your account, if you have any, or the blockage of your continued use of the Service.

Your agreement with Linkool will also include the terms of any Legal Notices applicable to a separate portion of the Service, in addition to the General Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to such separate portion of the Service, these will be accessible for you to read either within, or through your use of, such separate portion of the Service. If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to such separate portion of the Service.

PLEASE READ THE FOLLOWING GENERAL TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

1. Eligibility and Use

1.1 You must be at least 13 years old to use the Service.

1.2 You may not use the Service or accept this Agreement if you are: (i) not of legal age to form a binding contract, or (ii) prohibited by law from receiving or using the Service. By accessing or using the Service, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by the General Terms set forth herein. If you access or use the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Agreement.

1.3 You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

1.4 You agree not to use the Service to transmit, post, or store materials that are deemed illegal in your jurisdiction.

1.5 You will be exposed to content provided by other users as well as third-party information providers (collectively, “Content”). You understand that the Content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Linkool does not endorse the Content, including but not limited to the opinions, recommendations, or advice expressed therein. You further understand that your use of the Content may be subject to additional terms and conditions that may apply if such Content is provided by a third party.

1.6 You agree not to use the Service for promotional or commercial purposes, unless you have received Linkool’s prior written consent.

1.7 You agree not to use the Service to violate any third-party right, including any patent, trademark, copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

1.8 You agree not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Service, the Content, except as expressly authorized by Linkool.

1.9 You agree not to remove any copyright, trademark or other proprietary rights notices contained on the Service or in any Content.

1.10 You agree not to use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Content or otherwise any information available for display through the Service.

1.11 You agree not to access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable dictionary of keywords.

1.12 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

1.13 You must not transmit any viruses, worms, defects, Trojan horses or any code of a destructive nature to or through the Service.

1.14 You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code in respect of the Service or any portion thereof.

1.15 You agree not to reformat or frame any portion of the Service.

1.16 You agree not to take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Linkool’s computing infrastructure, which includes but is not limited to computer systems, databases, and transmission networks.

1.17 You agree that you will not: (i) attempt to gain unauthorized access to any computer systems, databases, or transmission networks in connection with the Service through hacking, password mining or any other means; (ii) interferes with the proper working of the Service by any means; (iii) disrupt or interfere with the security of, or otherwise cause harm to, the Service or any Content; (iv) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of the Content, or features that enforce limitations on the use of the Service.

1.18 You agree that the Service may include advertisements, branded information, or marketing-related information.

1.19 Certain web materials, such as, by way of example without limitation, text, photo, Flash object, and video object, may be saved locally on your computer in relation to the Service when you interact with the Service. You agree that you respect and do not misappropriate the intellectual property, in relation to said certain web materials, of others.

2. Licenses

2.1 Linkool gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the machine readable code or software in respect of the Service (“Software”) for the purpose of enabling you to enjoy the intended benefits of the Service, in the manner permitted by this Agreement and to the extent permissible by law.

2.2 You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software, unless you have received Linkool’s prior written consent.

3. Proprietary Technology

3.1 You acknowledge and agree that Linkool owns any and all legal right, title and interest in and to the Service, including any registered or unregistered intellectual property rights.

3.2 You acknowledge that the Service may contain information which is designated confidential by Linkool and that you shall not disclose such information without Linkool’s prior written consent.

3.3 Nothing in this Agreement gives (or implies to give) you a right to use any of Linkool’s trade names, marks, logos, and other distinctive brand features.

3.4 Nothing in this Agreement gives (or implies to give) you a right to use any of Linkool’s trade names, marks, logos, and other distinctive brand features in a way that is likely or intended to cause confusion about the owner or authorized user of such names, marks, logos, or other distinctive brand features.

4. Privacy

Linkool’s collection and use of personal information is governed by Linkool’s Privacy Policy, available at http://linkool.biz/privacy. You understand and agree that Linkool may access, preserve, and disclose your personal information and the contents of your account, if any and if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protects the rights, property and/or safety of Linkool, its content providers, or the public. Personal information collected by Linkool may be stored and processed in the United States or any other country in which Linkool or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

5. Security

You may receive an account designation and a corresponding password in conjunction with your use of the Service. You are responsible for maintaining the confidentiality of the account and password, and are fully responsible for all activities that occur under your account or password. You agree to (i) immediately notify Linkool of any unauthorized use of your account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session.

6. Digital Millennium Copyright Act 17 U.S.C. §512(c) Procedures

Linkool respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that your intellectual property rights have been otherwise violated, please provide Linkool with a notice having at least the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. an identification and a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located within the Service, reasonably sufficient enough to enable Linkool to locate such material;
4. a statement by you stating that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. your address, telephone number, and email address;
6. a statement by you, made under penalty of perjury, that the above information in your notice 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.

Please send your notice to Linkool:

By mail:
Copyright Agent
Linkool International
3 Results Way
Cupertino, CA 95014
By email:

7. Representations and Warranties

7.1 The Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Linkool expressly disclaims 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.

7.2 Linkool makes no warranty: (i) that the Service will meet your requirements; (ii) that the Service will be uninterrupted, timely, secure, or error-free; (iii) that the Content delivered by the Service will be accurate or reliable; (iv) that the quality of any products, services, information, processes, software or other related materials obtained by you in relation to the Service will meet your expectations; and (v) that any errors in the Software in relation to the Service will be corrected.

7.3 Any material downloaded or otherwise obtained by you through the Service is performed at your sole discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data resulting from the download of any such material.

8. Indemnity

You agree to hold harmless and indemnify Linkool, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or information partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of the General Terms or any other actions connected with use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Linkool will provide you with a written notice of such claim, suit or action.

9. Limited Liability

You expressly understand and agree that Linkool shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Linkool has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into throughout or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

10. Term and Termination

10.1 Term. The term of this Agreement shall commence on the date upon which you agree to this Agreement, and shall continue in force thereafter, unless terminated as provided herein.

10.2 Termination. Linkool may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate your use of the Service at any time. This includes, without limitation, the right to set, at Linkool’s own discretion and at any time, a maximum number of access queries at the Service given any period of time. You may terminate your use of the Service at any time by disconnecting from Linkool’s computing infrastructure, uninstalling and ceasing to use any and all Software in respect of the Service, and deleting any and all Content obtained through the Service.

10.3 Effect of Termination. Upon the termination of the Agreement for any reason, all license rights granted herein shall terminate.

10.4 Survival. In the event of any termination or expiration of the Agreement for any reason, Sections 1, 2, 3, 7, 8, 9, 10 and 11 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Agreement in accordance with the General Terms.

11. General

11.1 This Agreement constitutes the entire agreement between you and Linkool (subject to other Additional Terms and restriction in respect of the use of any Content provided by a third party) and governs your use of the Service, superseding any prior agreements between you and Linkool.

11.2 You acknowledge that your breach of service restrictions contained herein may cause irreparable harm to Linkool, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Linkool may be legally entitled, Linkool shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.

11.3 Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.

11.4 This Agreement and the relationship between you and Linkool shall be governed by the laws of the State of California without regard to its conflict of law provisions.

11.5 The failure of Linkool to exercise or enforce any right or provision of the Agreement shall not be regarded by any means as a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect.

11.6 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please contact us at if you have questions regarding this Agreement.

Effective Date: September 28, 2008.