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Claria Web Site Privacy Statement & Terms of Use

This is the Claria Corporation Web Site Privacy Statement and Terms of Use. It only applies to www.claria.com (the "Web Site"). For the Web Site Privacy Statement and Terms of Use applicable to the Web pages within the GAIN Publishing Web site, including: www.gainpublishing.com, www.weatherscope.com, www.gator.com, www.precision-time.com, www.date-manager.com, www.gainnetwork.net, www.offercompanion.com, www.dashbar.com, www.websecurealert.com, www.entrypass.com, www.searchscout.com, www.screenscenes.com and www.gotsmiley.com, view www.gainpublishing.com/help/websiteandterms/. If you want to review The Claria Corporation Web Site Privacy Statement and Terms of Use applicable to your viewing and using these websites, please scroll down to read them.

Questions regarding the Claria Corporation Web Site Privacy Statement and Terms of Use should be directed by email to privacy@claria.com. You may also write to: Attn: Privacy Statement Compliance Officer, Claria Corporation, 555 Broadway Street, Redwood City, CA 94063, fax 650-980-1599

If you receive advertising with GAIN branding, you are a GAINware user and have GAIN AdServer software on your computer published by GAIN Publishing. To review the GAIN Publishing Privacy Statement and End User License Agreement applicable to GAINware, click here.

Web Site Privacy Statement


No personal information is collected simply because you view or use the Web Site.
To receive technical support by e-mail or to correspond with Claria Corporation, you may voluntarily choose to provide to Claria Corporation personally identifiable information (such as your email address), or other potentially sensitive information. Such information will be used to respond to you and/or to troubleshoot your problem. It will not be used for any other purpose.
You may receive a pop-up advertisement generated from one of the Web Site inviting you to participate in a survey. Participation in a survey is entirely voluntary. A survey may ask that you provide personally identifiable information, such as your email address. We will tell you what we intend to do with your personally identifiable information at the time we ask for it. In the past, we have asked survey participants to provide us with their email address so that we could enter them into a sweepstakes and contact them if they win; and, we have also asked for email addresses so that we could communicate with the participants about the survey.
Claria Corporation may, on occasion, use your IP address to help diagnose problems with our server and to administer the Web Site.
If legally required to do so, we will disclose to a third party any information we have.
If we change the Claria Corporation Web Site Privacy Statement and Terms of Use in the future, we will post the changes here before they go into effect. If the changes include the addition of rights to automatically collect, use, or store personally identifiable information - we will first obtain your permission before collecting, using, or storing such personally identifiable information.

Web Site Terms of Use


The Web Sites ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS NOTICE. BECAUSE USING ANY OF The Web Sites CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS, PLEASE READ THEM CAREFULLY. Terms defined in the GAIN Publishing Web Site Privacy Statement shall have the same meaning when used here.

Your Use of Protected Content. Copyright laws may protect certain information, artwork, text, video, audio and pictures on The Web Sites (collectively, "Content"). Content can be accessed only for personal or educational purposes, and may not be used for any other purpose, or modified without express written consent from GAIN Publishing ("GP"). Except as provided below, reproducing, republishing, posting, transmitting or distributing any Content on the Site is prohibited. Content on the Site can be printed for personal or educational purposes only, and any copyright notice originally included with such Content must appear on all copies. Any computer software available by download or otherwise from any of The Web Sites is subject to the terms of the GAIN Publishing Privacy Statement and End User License Agreement applicable to GAINware.

Your Obligations. You agree not to use any of The Web Sites to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with The Web Sites.

Access and Interference. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of GP Supplied Materials.

Privacy Statement and Other Policies. You agree to be bound by and comply with the GAIN Publishing Web Site Privacy Statement and Terms of Use as made available through any of The Web Sites.

Links. GP Supplied Materials may contain links to web sites operated by other parties. The linked web sites are not under the control of GP, and GP is not responsible for the content available on any other Internet sites linked to our Web Site. Unless otherwise stated, such links do not imply GP's endorsement of material on any other web site, and GP disclaims all liability with regard to your access to such linked web sites. Your access to any other Internet sites linked to this Web Site is at your own risk.

Unless otherwise set forth in a written agreement between you and GP, you must adhere to GP's linking statement as follows: (i) any link to the Site must be a text only link clearly marked "GAIN Publishing Inc. [insert name of The Web Site you are linking to] " (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GP's names and trademarks, (iii) the link must "point" to the appropriate URL for The Web Site that you in fact link to and not to other pages within any of The Web Sites, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GAIN Publishing or any of its products or services, (v) when selected by a user, the link must display the intended Web Site on full-screen and not within a "frame" on the linking web site, and (vi) GAIN Publishing reserves the right to revoke its consent to the link at any time and in its sole discretion.

Disclaimer of Warranty. USE OF ANY OF The Web Sites AND ANY CONTENT AVAILABLE THEREFORE ("GP SUPPLIED MATERIALS") IS AT YOUR OWN RISK. GP PROVIDES GP SUPPLIED MATERIALS ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE WEB SITE PRIVACY STATEMENT AND TERMS OF USE. GP MAKES NO WARRANTY THAT (i) THE GP SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GP SUPPLIED MATERIALS WILL BE RELIABLE; (iii) THE GP SUPPLIED MATERIALS WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE GP SUPPLIED MATERIALS WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE GP SUPPLIED MATERIALS WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability. IN NO EVENT WILL GP, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE GP SUPPLIED MATERIALS INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, SERVICE OR The Web Sites, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE WEB SITE PRIVACY STATEMENT AND TERMS OF USE EXCEED ONE DOLLAR ($1.00). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, GP's liability shall be limited to the extent permitted by law.

Applicable Law. The laws of the State of California will govern the Web Site Privacy Statement and Terms of Use, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Santa Clara or San Mateo County, California. The United Nations Convention on Contracts for the Sale of Goods does not apply to the Web Site Privacy Statement or Terms of Use.

Arbitration. Any claim or controversy arising out of or related to the Web Site Privacy Statement or Terms of Use shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude GP from seeking any injunctive relief for protection of GP's intellectual property rights.

General. The Web Site Privacy Statement and Terms of Use sets forth the entire understanding and agreement between you and GP with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. You may not assign the Web Site Privacy Statement or Terms of Use without our consent.

Legal Notices. Copyright, © GAIN Publishing and/or its licensors, 2003, all rights reserved. Gator and GAIN are registered service marks of ClariaSM Corporation, GAIN® Network, Gator®, eWallet, OfferCompanion®, PrecisionTimeSM, Date Manager, EntryPassSM, DashBarSM, WebSecureAlertSM, WeatherScope® and ScreenScenes™ are marks of the Claria Corporation. The use of the mark Gator, alone, is strictly prohibited.

Claria Corporation, formerly known as The Gator Corporation, is doing business as GAIN Publishing and GAIN Network.


Effective: October 2003
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