May 23, 2013
About Wave Harmonics
Wave Harmonics helps companies and brands improve their marketing based on insights from the online behaviors and overall profiles of millions of consumers like you who have joined our research panels. Leading advertisers, agencies and publishers rely on Wave Harmonics' research services to create engaging online experiences and effective marketing campaigns. Wave Harmonics is located in Cambridge, Massachusetts. For more information, please visit waveharmonics.com.
By downloading and installing the Extension you accept and agree to this Use Agreement.
Features Of The Extension
The Extension collects anonymous 'clickstream data.' Clickstream data is information generated by you and your computer while surfing the Internet and interacting with various sites and services. This includes URLs for websites visited and the URLs of requests made by those pages (e.g., images and other resources referenced by the webpage.) The clickstream data is made anonymous through the systematic removal of personally-identifiable information that might be embedded in the clickstream data (e.g., email addresses, names and account numbers). The anonymous data is then encrypted and securely transferred to and stored in our data collection servers.
The Extension does not have a user interface component beyond the opt-in dialog. It does not augment any visible content nor does it create any advertisement pop-ups. Its purpose is to run in the background of the browser and captured data as described above.
Personal And Non-commercial Use Limitation
We hereby grant you a non-exclusive, non-transferable, revocable and limited license to (a) download, install and use the most current, generally available version of the Extension (including all updates thereto), and (b) use the Extension you download and install solely for your personal, non-commercial purposes, conditioned on your continued compliance and agreement with this Use Agreement. You may not modify, copy (other than a single copy for your own backup purposes), sell/rent/lease, distribute, perform, reproduce, publish, license, create derivative works from, transfer, tamper with, reverse-engineer or sell any information, products or services obtained from your use of the Extension.
You also are prohibited from using any robot, spider, scraper or other automated means to access the Extension for any purpose whatsoever. You may not take any action that a) imposes an unreasonable or disproportionately large load on our data collection servers, b) interferes or attempt to interfere with the proper working of the Extension or any activities conducted through your use of the Extension, or c) violates or attempts to violate the security of our services. You may not install the Extension on any computer without permission from the owner of that computer.
We reserve the right to add features or functions to the existing Extension. When installed on your computer, the Extension periodically communicates with our servers. We may require the updating of the Extension on your computer when we release a new version of the Extension, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Extension.
Any acts, errors or omissions made by you while using the Extension will be attributed to you and you are solely liable for such acts, errors or omissions.
Privacy And Use Of Data
The Extension is installed into the Internet browser and extends the functionality of the browser. When the browser is running, the Extension will monitor Internet activity within the browser and send clickstream data to our data collection servers. The clickstream data that we capture may gather general information about your browsing activities such as the URLs for sites visited, and URLs referenced from those sites. We will not collect and retain any of your personally identifiable information. All information collected from you is recorded on a non-personally identifiable basis and is kept strictly anonymous. The information collected is stored as anonymous data within our secure servers.
The Extension is developed as a standard browser extension, and can be uninstalled using the add-on management facilities within the browser. For more details on how to uninstall the Extension, please refer to http://waveharmonics.com/uninstall.html.
Disclaimers And Limitation Of Liability
THE INFORMATION, SOFTWARE AND SERVICES OFFERED IN CONNECTION WITH THE EXTENSION MAY INCLUDE INACCURACIES OR ERRORS. THE ACCURACY AND COMPLETENESS OF THE EXTENSION AND THE RESULTS OBTAINED FROM ITS USE ARE NOT GUARANTEED BY US OR ANY OTHER PERSONS CREATING OR TRANSMITTING THE EXTENSION.
WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE EXTENSION AT ANY TIME WITHOUT NOTICE. THE EXTENSION MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE EXTENSION FOR ANY PURPOSE. THE EXTENSION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE EXTENSION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
YOUR DOWNLOAD, INSTALLATION AND USE OF THE EXTENSION IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE DOWNLOAD, INSTALLATION OR USE OF THE EXTENSION OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH YOUR USE OF THE EXTENSION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY (DEFINED BELOW) TO YOU HEREUNDER EXCEED $10.00.
Ownership Of Content
The Extension and all its content, including but not limited to all text, graphics, charts, audio, logos, images, trademarks, service marks, data compilations, icons, code (both source and object) and software, is our proprietary property and are protected by applicable intellectual property laws. Except as provided herein, you are prohibited from using any of our protected material or marks for any purpose without our prior written permission.
You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Extension, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Extension you may be exposed to Content that may be offensive, indecent or objectionable in your community as the Extension does not perform any sort of Content filtering. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will we be liable in any way for any Content created by or originating with entities other than us, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Extension.
The Extension may be exposed to various security issues as is the Internet browser, and should be regarded as unsecure as the Internet browser. By accepting this Use Agreement, you acknowledge and accept that the Extension and any information you download or offer to share by means of the Extension may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom. Nonetheless, the Extension will only transmit shared data via secure HTTP channels, thus greatly reducing the above risks.
Modification And Monitoring Of The Extension
We may, at our discretion, change, modify, add or remove portions of this Use Agreement at any time without notice to you. If you use the Extension after we post changes to this Use Agreement, you accept and agree to the changes.
Termination And Cancellation
We may modify or terminate the Extension and terminate your access to the Extension without notice at any time and for any reason.
You agree, at your own expense, to indemnify, defend and hold us harmless, our parents, subsidiaries and affiliates, and our officers, partners, managers, members, employees, agents, distributors and licensees (collectively, "Covered Parties"), from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of this Use Agreement, your download, installation and use of the Extension or any product or service related thereto, or any of your other acts, errors or omissions related to your download, installation and use of the Extension.
By downloading, installing or using the Extension you represent and warrant that (a) you have the authority to accept this Use Agreement, and (b) you will use the Extension in a manner consistent with applicable laws and regulations and in accordance with this Use Agreement.
This Use Agreement and the relationship between you and us are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boston, Massachusetts.
If any provision of this Use Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Use Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your download, installation or use of the Extension or this Use Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.