Surfin Mouse LLC (“1ClickPrizes™,” “we” or “us”) operates the website located at www.1clickprizes.com (the “Website”). By using and/or accessing the Website and/or the Toolbar (as that term is defined below), you agree to comply with and be bound by the following 1ClickPrizes™ Toolbar End-User License Agreement (“EULA”). The 1ClickPrizes™ Privacy Policy (“Privacy Policy”), the 1ClickPrizes™ Sweepstakes Official Contest Rules (“Contest Rules”) and any and all other applicable 1ClickPrizes operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are referred to herein collectively, as the “1ClickPrizes™ Agreements and are expressly incorporated herein by reference (the 1ClickPrizes™ Agreements and EULA, collectively, the “Agreement”).

PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH DOWNLOADING OR INSTALLING THE TOOLBAR (AS DEFINED BELOW) AND/OR ENTERING THE PROMOTION (AS DEFINED BELOW). YOU ARE NOT PERMITTED TO DOWNLOAD OR INSTALL THE TOOLBAR AND/OR ENTER THE PROMOTION, UNTIL YOU HAVE AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT. BY CLICKING THE "SIGN UP HERE – IT’S FREE" BUTTON AND THEN ACCESSING OR DOWNLOADING THE TOOLBAR AND/OR ENTERING THE PROMOTION, YOU CONSENT TO BE BOUND BY AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE EULA, YOU MAY NOT ACCESS OR USE THE WEBSITE OR DOWNLOAD THE TOOLBAR, AND YOU SHOULD NOT PROCEED TO CLICK THE "SIGN UP HERE – IT’S FREE" BUTTON. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF CONTEST RULES, YOU MAY NOT ENTER THE PROMOTION.

1. Acceptance of Agreement. By accessing the Website, installing or using the Toolbar and/or entering the Promotion, you agree to the terms and conditions outlined in the Agreement in their entirety. Further, any and all third party users that have access to your computer and that access the Website and/or Toolbar, and/or enter the Promotion, are bound by the terms, conditions and restrictions contained within the Agreement, and you shall be responsible for any and all acts and omissions of such third parties.

2. Privacy Policy. Use of the Toolbar, Website, Promotion and all comments, feedback, information, Registration Data (as defined below) or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We reserve the right to use the Registration Data and any and all other information regarding your use of the Toolbar, Website and Promotion, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view the Privacy Policy, please Click Here.

3. Requirements. The Website, Promotion and Toolbar are only available to individuals who can enter into legally binding contracts under applicable law. You must be eighteen (18) years of age or older to access the Website, install or use the Toolbar and/or enter the Promotion. If you are under eighteen (18) years of age, you do not have permission to access, use and/or install, as applicable, the Website, Promotion and/or Toolbar.

4. Modification of the Agreement. The Agreement constitutes the entire and only agreement between you and 1ClickPrizes™ with respect to your use of the Website, Promotion and Toolbar, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website, Promotion and/or Toolbar. By your continued use of the Website, Promotion and/or Toolbar, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. Therefore, you should regularly check this page for updates and/or changes.

5. Promotion. 1ClickPrizes™ offers, and provides users with an opportunity to register for, promotional sweepstakes from time to time (each, a “Promotion”). Contestants wishing to enter the Promotion must first register for an account at www.facebook.com (the “Facebook Site”) as owned and operated by Facebook Inc. (“Facebook”). After completing the Facebook registrations, contestants can enter the Promotion by first visiting the Website, downloading the Toolbar (which is optional) and then entering the Promotion via the Promotion Entry Application (“Promotion Entry Application”) made available by 1ClickPrizes™ on the Facebook Site. Via the Promotion Entry Application, 1ClickPrizes™ will collect your Facebook ID and name, as listed in your Facebook account, for winner selection purposes only (“Promotion Registration Data”). For purposes of the Agreement, the Promotion Entry Application shall be deemed part of the Toolbar.

The Promotion is governed, in all respects, by the Contest Rules. To access the Contest Rules, Click Here. You understand and agree that 1ClickPrizes™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Promotion.

NO PURCHASE NECESSARY IN ORDER TO ENTER THE PROMOTION. YOU DO NOT HAVE TO DOWNLOAD AND/OR INSTALL THE TOOLBAR TO ENTER THE PROMOTION. OBTAINING GOODS AND/OR SERVICES FROM 1CLICKPRIZES™ IN NO WAY INCREASES YOUR CHANCES OF WINNING ANY PRIZES OFFERED IN CONNECTION WITH THE PROMOTION.

PLEASE BE ADVISED THAT 1CLICKPRIZES™ IS NOT IN ANY WAY AFFILIATED WITH FACEBOOK, AND THE PROMOTION IS NEITHER ENDORSED, NOR SPONSORED, BY FACEBOOK. FACEBOOK® IS A REGISTERED TRADEMARK OF FACEBOOK INC.

6. Toolbar.

Registration. To download the Toolbar, you must first fully complete the application form located at the Website, if any (“Application”). You must provide the following information on the Application where one is made available on the Website: (a) first name; and (b) e-mail address (collectively, “Toolbar Registration Data” and together with the Promotion Registration Data, the “Registration Data”). You agree to provide true, accurate, current and complete Registration Data.

Functionality. For purposes of the Agreement, the term “Toolbar” means all 1ClickPrizes™ software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the software and/or applications made available at the Website, or via other online venues including, but not limited to, social networking websites such as Facebook, Twitter and MySpace (collectively, “Social Networking Sites”). In connection with downloading the Toolbar, you will be: (a) installing a software program on your computer in the form of a toolbar with search functionality installed in your Internet browser that will also: (i) link to the Promotion Entry Application; and (ii) provide updates regarding the Promotion which may include, without limitation, information on winners, drawings and updates regarding upcoming Promotions and prizes; and (b) adjusting the settings on your Internet browser and/or computer to: (i) incorporate our search functionality as your default search engine; (ii) establish the Website as the home page on your Internet browser; (iii) disable third-party search settings; and (iv) hide third-party toolbars (such third-party toolbars can be re-enabled using your Internet browser’s toolbar options menu).

Updates/Bug Fixes. 1ClickPrizes™ reserves the right (but is not obligated) to add additional features or functions to the existing Toolbar, and to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement, from time to time. When installed on your computer, the Toolbar periodically communicates with 1ClickPrizes’™ servers. 1ClickPrizes™ may require the updating of the Toolbar residing on your computer when 1ClickPrizes™ releases a new version of the Toolbar, or when 1ClickPrizes™ makes new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions, in 1ClickPrizes’™ sole and absolute discretion. You understand that we may require your review and acceptance of our then-current Agreement before you will be permitted to use any subsequent versions of the Toolbar. You acknowledge and agree that 1ClickPrizes™ has no obligation to make any subsequent versions of the Toolbar available to you, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.

Third Party Software. ANY THIRD PARTY SOFTWARE, AS WELL AS ANY THIRD PARTY PROVIDED PLUG-INS THAT MAY BE PROVIDED WITH THE TOOLBAR, ARE MADE AVAILABLE FOR USE AT YOUR OPTION AND AT YOUR OWN RISK. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. 1CLICKPRIZES™ IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THIRD PARTY SOFTWARE.

THE TOOLBAR IS NOT SPYWARE OR ADWARE. THE TOOLBAR WILL NOT MONITOR HOW YOU USE YOUR COMPUTER, NOR WILL IT DELIVER POP-UP ADS.

7. Install/Uninstall. The Toolbar requires your consent prior to installation. 1ClickPrizes™ does not believe that users should be deceived into downloading or installing the Toolbar. To modify the display settings in connection with certain aspects of the Toolbar, follow the instructions associated with your Internet browser. The Toolbar can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function on your computer. Please be advised that certain Internet browsers treat the Toolbar as an "Add-on" and, therefore, the Toolbar may not appear as a program when you access the traditional "add/remove" programs function on your computer. In the event that your Internet browser treats the Toolbar as an "Add-on," and you wish to uninstall the Toolbar, you should follow the applicable browser instructions associated with removing "Add-ons." Please be advised that in some instances, you may be required to restart your Internet browser and/or computer before all remnants of the Toolbar are completely uninstalled and removed from your computer. Please be advised that even where you set a different search provider as your default search provider, the Toolbar will be restored as your default search provider when you re-launch your Internet browser unless you either: (a) change the settings in the toolbar options menu associated with your Internet browser (for directions on how to change these settings, please review instructions on the Website or contact Customer Service); or (b) uninstall the Toolbar.

After you have uninstalled the Toolbar, certain data such as folders, files, registry keys and cookies may remain on your computer. For more detailed instructions on how to uninstall the Toolbar, please review instructions on the Website or contact Customer Service.

If you experience any problems installing and/or uninstalling the Toolbar, please contact us via e-mail at: info@1clickprizes.com, or call us at: 877-597-1415.

8. License Grant. Subject to the terms and conditions contained in the Agreement, 1ClickPrizes™ hereby grants to you a non-exclusive, non-transferable and non-assignable license, for your own personal, internal, end-use purposes only (excluding the commercialization of 1ClickPrizes™ information technology and online products and/or services), to install and use the Toolbar and Website on one (1) or more computers where such computers are owned or leased by you.

9. Term of License. The license set forth in Section 8 above shall be in effect from the time you install the Toolbar, or otherwise access the Website, and shall remain in effect for so long as you access the Website and/or Toolbar, unless this license is otherwise terminated. This license will terminate upon the conditions set forth in the Agreement or if you fail to comply with any term or condition of the Agreement. In addition, 1ClickPrizes™ may terminate the Agreement for any reason with or without notice to you. You agree upon expiration or termination of the Agreement to immediately un-install the Toolbar and destroy all copies of the Toolbar in your possession and/or under your control.

10. License Restrictions. THE TOOLBAR IS LICENSED TO YOU, NOT SOLD. YOU MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF YOUR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE TOOLBAR OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE TOOLBAR IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF 1CLICKPRIZES™, WHICH CONSENT SHALL BE AT 1CLICKPRIZES’™ SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY. YOU MAY NOT USE OR COPY THE TOOLBAR, PROMOTION AND/OR WEBSITE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT. YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE TOOLBAR, PROMOTION AND/OR WEBSITE OR OTHERWISE ATTEMPT TO: (A) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY SOFTWARE PROTECTION MECHANISMS IN THE TOOLBAR INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE TOOLBAR; OR (B) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE TOOLBAR.

11. Usage Restrictions. You agree that the Toolbar may not be shipped, transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and regulations. You agree to comply with all other applicable laws and regulations. You may use the Toolbar, Promotion and Website only for lawful purposes. The Toolbar, Promotion and Website are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Toolbar and Website. You agree not to use the Toolbar, Promotion, Website and/or any other services provided by 1ClickPrizes™: (a) for any commercial purposes; or (b) 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.

12. Intellectual Property Rights. The Toolbar, Promotion and Website are protected by United States Copyright Laws and international copyright treaties, as well as other intellectual property laws and treaties. The Toolbar, Promotion and Website are proprietary to 1ClickPrizes™ (and/or its third party licensors, suppliers, resellers and partners). All right, title and interest in and to the Toolbar, Promotion and Website (including associated intellectual property rights) are and will remain vested in 1ClickPrizes™ and/or its third party licensors, suppliers, resellers and partners. You acknowledge that no rights, license or interest in or to any trademarks or trade names of 1ClickPrizes™ and/or its third party licensors, suppliers, resellers and partners are granted hereunder.

13. Search Results from the Toolbar. The Toolbar may provide access to search results or links to other websites or resources (collectively, “Search Results”). Because 1ClickPrizes™ has no control over such Search Results, third party websites and resources, you acknowledge and agree that 1ClickPrizes™ is not responsible for the availability of such Search Results, external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Search Results, websites or resources. You further acknowledge and agree that 1ClickPrizes™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Search Results or content, products and/or services available on or through any associated website or resource.

14. Notice to U.S. Government Users. The Toolbar is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government users acquire the Toolbar with only those rights set forth therein.

15. Disclaimer of Warranty. THE TOOLBAR, PROMOTION, SEARCH RESULTS AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE TOOLBAR, PROMOTION, SEARCH RESULTS AND/OR WEBSITE IS AT YOUR OWN RISK. 1CLICKPRIZES™ AND ITS LICENSORS, SUPPLIERS, PARTNERS AND RESELLERS DO NOT WARRANT THAT THE TOOLBAR, PROMOTION, SEARCH RESULTS AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE TOOLBAR, PROMOTION, SEARCH RESULTS AND/OR WEBSITE WILL BE UNINTERRRUPTED, ERROR FREE, SECURE, ACCURATE, COMPLETE OR CURRENT. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS DISCLAIMER EXTENDS TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW AND/OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

16. Limitation of Liability. 1CLICKPRIZES’™ AGGREGATE LIABILITY AND THAT OF ITS LICENSORS, RESELLERS, PARTNERS, AND THIRD PARTY SUPPLIERS UNDER OR IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT TO EXCEED THE TOTAL OF FIVE HUNDRED DOLLARS ($500.00). NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL 1CLICKPRIZES™, ITS LICENSORS, PARTNERS, RESELLERS AND/OR THIRD PARTY SUPPLIERS BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF 1CLICKPRIZES™ OR ANY OTHER APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS REVENUE, OTHER ECONOMIC LOSS OR ANY LOSS OF DATA ARISING OUT OF, OR RELATED TO: (A) THE USE OF OR INABILITY TO USE THE TOOLBAR, PROMOTION, SEARCH RESULTS AND/OR WEBSITE; (B) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION, CORRUPTION OR MISUSE OF, YOUR REGISTRATION DATA; (C) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (D) YOUR FAILURE TO QUALIFY FOR THE PROMOTION; AND/OR (E) THE INADEQUACY OF ANY SEARCH RESULTS OR ANY PRODUCTS, SERVICES OR WEBSITES MADE AVAILABLE BY AND THROUGH SAME.

17. Dispute Resolution Provisions. The Agreement shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to the Agreement, the Toolbar, the Promotion and/or the Website will be settled by binding arbitration in accordance with the then-current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or 1ClickPrizes™ may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, as necessary to protect your rights or property or those of 1ClickPrizes™. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against 1ClickPrizes™ and/or its employees, officers, directors, members or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that 1ClickPrizes™ incurs in seeking such relief. This provision compelling you not to bring, join or participate in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; (b) is an independent agreement; and (c) shall survive the termination of the Agreement.

18. Miscellaneous.

Waiver. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Relationship of the Parties. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

Survival. The limitations of liability and ownership rights of 1ClickPrizes™ and its third party licensors, partners, resellers and suppliers contained herein and your confidentiality obligations and other obligations shall survive the termination of the Agreement for any reason.

Modification. You may not amend or modify the Agreement without 1ClickPrizes’™ express prior written consent. 1ClickPrizes™ may modify the Agreement at any time in its sole discretion, subject to the restrictions set forth in Section 4 above.

Assignment. You shall not assign or delegate any of the rights or obligations under the Agreement, and any such attempted assignment or delegation shall be void. 1ClickPrizes™ may assign or delegate any of its rights and obligations under the Agreement in 1ClickPrizes’™ sole and absolute discretion without your consent. Subject to the preceding sentence, this Agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party.

Severability. If any provision of the Agreement is declared invalid by any court of competent jurisdiction, applicable statute or rule of law, then such provision shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of the Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from the Agreement as though such provision had never been included herein.

Conflicting Terms. This EULA, together with the Privacy Policy and Contest Rules, constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all prior or contemporaneous communications between the parties. Where there is a conflict between this EULA, the Contest Rules and the Privacy Policy, this EULA shall control in all respects. Notwithstanding the foregoing, where there is any inconsistency between this EULA, the Privacy Policy and the Contest Rules, insofar as the applicable Promotion is concerned, the Contest Rules shall govern.

Third Party Beneficiaries. Each party agrees that 1ClickPrizes’™ licensors, suppliers, resellers and partners are third party beneficiaries to the Agreement with the right to rely on and enforce its terms to their full extent, notwithstanding that such entities are not parties to the Agreement. The parties further agree not to take any action that may prevent or otherwise impair any such licensor's, supplier's, reseller's or partner's exercise of these rights.

Language. The English language version of the Agreement is the controlling version thereof. All support and other inquiries regarding your use of the Toolbar, Promotion and/or Website must be submitted to 1ClickPrizes™ in English, and 1ClickPrizes™ will communicate in English only.

19. Contact Us. If you have any questions about the Agreement, the Toolbar, the Promotion or your dealings with the Website, please contact us at info@1clickprizes.com.