# eulas

text:
  End User License Agreement

  BEFORE INSTALLING THE HooplaSearch NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which HooplaSearch New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the HooplaSearch New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.HooplaSearch.com/Privacy">http://www.HooplaSearch.com/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access HooplaSearch search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@HooplaSearch.com. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@HooplaSearch.com.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@HooplaSearch.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@HooplaSearch.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@HooplaSearch.com.


text:
  End User License Agreement

  BEFORE INSTALLING THE in motion search NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which in motion search New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the in motion search New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.inmotionsearch.com/Privacy">http://www.inmotionsearch.com/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access in motion search search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@inmotionsearch.com. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@inmotionsearch.com.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@inmotionsearch.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@inmotionsearch.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@inmotionsearch.com.


text:
  End User License Agreement

  BEFORE INSTALLING THE Search Adventure NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which Search Adventure New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Search Adventure New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.SearchAdventure.net/Privacy">http://www.SearchAdventure.net/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access Search Adventure search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@SearchAdventure.net. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@SearchAdventure.net.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@SearchAdventure.net. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@SearchAdventure.net that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@SearchAdventure.net.


text:
  End User License Agreement

  BEFORE INSTALLING THE SEARCH JOURNEY NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which Search Journey New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Search Journey New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.SearchJourney.net/Privacy">http://www.SearchJourney.net/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access Search Journey search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@SearchJourney.net. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@SearchJourney.net.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@SearchJourney.net. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@SearchJourney.net that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@SearchJourney.net.


text:
  End User License Agreement

  BEFORE INSTALLING THE Tide Search NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which Tide Search New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Tide Search New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.TideSearch.net/Privacy">http://www.TideSearch.net/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access Tide Search search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@Tide <a href="http://Search.net">Search.net</a>. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@TideSearch.net.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@TideSearch.net. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@TideSearch.net that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@TideSearch.net.


text:
  End User License Agreement

  BEFORE INSTALLING THE Search Passage NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which Search Passage New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Search Passage New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.SearchPassage.com/Privacy">http://www.SearchPassage.com/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access Search Passage search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@SearchPassage.com. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@SearchPassage.com.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@SearchPassage.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@SearchPassage.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@SearchPassage.com.


text:
  End User License Agreement

  BEFORE INSTALLING THE WINDOW FRAME BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
  The terms set forth in this Agreement are conditions upon which Window Frame (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Window Frame browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.

  Third Party Content and Advertising
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
  When you click on or access Window Frame search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.

  Disabling or Uninstalling the Extension
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@windowframe.net. Google ChromeTM is a trademark of Google, Inc.

  Automatic Updates
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.

  License and Restrictions
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
  You specifically agree not to do any of the following in connection with the Extension:
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.

  Copyright Information and the Digital Millennium Copyright Act
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@windowframe.net.

  User-Generated Content
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.

  Disclaimer of Warranties
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

  Limitation of Liability
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  Agreement to Pre-Dispute Notifications and Mediation
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@windowframe.net. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

  Arbitration Agreement and Class Action Waiver
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

  Opting Out of the Arbitration Clause and Class Action Waiver
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@windowframe.net that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.

  Indemnification
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.

  Modification of the Agreement
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.

  Governing Law
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.

  Miscellaneous
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).

  How to Contact the Company
  If you have any questions about the Extension or this Agreement, please email us at support@windowframe.net.


text:
  End User License Agreement

  BEFORE INSTALLING THE SEARCH VOYAGE NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY. BY INSTALLING THE EXTENSION OR USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT INSTALL THE EXTENSION OR USE THIS WEBSITE.
   
  The terms set forth in this Agreement are conditions upon which Search Voyage New Tab (the “Company,” “we,” or “us”) shall grant computer end users (“you” or “your”) a limited license to install and use the Search Voyage New Tab browser extension and this website, together with any updates or upgrades that may become available (collectively, the “Extension”). The Extension is directed for use by adults. By installing the Extension, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Extension, and that you agree to comply with all applicable laws, rules and regulations. The Company is based in the United States. The Company makes no representations that the Extension is appropriate for use in any other locations. Users who access or use the Extension outside of the United States are responsible for compliance with local laws.
   
  The Extension’s Features
   
  When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. By installing or using the Extension, you agree to the use of your data in accordance with the Company’s Privacy Policy, which is available at <a href="http://www.SearchVoyage.com/Privacy">http://www.SearchVoyage.com/Privacy</a>, and which is incorporated by reference into this Agreement. If you do not want the Extension to change your new tab and enhance your search box when you open a new tab, change your browser’s settings, or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.
   
  Third Party Content and Advertising
   
  The Extension may integrate third party content (“Third Party Content”) in order to enhance your new tab with the ability to change browser settings and bring search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. Such Third Party Content also may include advertising, or advertising-supported search results, which will be displayed to you if you use the Extension’s search box or click on content from the search results. In consideration for the Company granting you access to and use of the Extension, you agree that the Extension may display this Third-Party Content to you.
   
  When you click on or access Search Voyage search results, submit search terms, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with the Company. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content. WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER. The Company does not control any Third Party Content, and you agree the Company is not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by installing or using the Extension you may be exposed to Third Party Content that you may find objectionable, offensive, or indecent and that, in this respect, you use the Extension at your own risk. If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.
   
  Disabling or Uninstalling the Extension
   
  You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. In the Google ChromeTM browser, you can disable or uninstall the Extension by visiting chrome://extensions/. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@SearchVoyage.com. Google ChromeTM is a trademark of Google, Inc.
   
  Automatic Updates
   
  All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.
   
  License and Restrictions
   
  Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension is protected by copyright, trademark and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Extension at all times. Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use the Extension or any portion thereof.
   
  You specifically agree not to do any of the following in connection with the Extension:
   
  Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations.
  Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies.
  Use the Extension for any commercial purpose or gain whatsoever.
  Modify the Extension.
  Create any works or materials derived from the Extension.
  Harass or harm another person.
  Send, post, transmit or link to any content that is violent, threatening, defamatory, harmful, discriminatory, obscene, pornographic, false, misleading, tortious or unlawful.
  Impersonate or attempt to impersonate any person or entity.
  Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights.
  Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs to any environment.
  Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Extension or any Company or third party servers, networks or accounts.
  Circumvent or modify any technology or mechanism used in connection with the Extension, including any mechanisms used to restrict access.
   
   
  Copyright Information and the Digital Millennium Copyright Act
   
  The Company respects the intellectual property rights of third parties. While using the Extension, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the “DMCA”) are taken seriously and, at the Company’s discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
   
  If you believe that any material displayed through the Extension infringes your copyright, please send the Company’s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@SearchVoyage.com.
   
  User-Generated Content
   
  You are responsible for all content or materials that you post, send, upload or transmit on or through the Extension (collectively, “User Content”). The Company does not control the User Content and assumes no responsibility or liability to you or any third party for User Content. The Company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content. If you become aware of any misuse of the Extension, please report this information immediately to the Company using the email address provided at the end of this Agreement. The Company reserves the right to investigate and pursue legal, equitable, and other remedies against anyone who violates this Agreement.
   
  By posting any User Content, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
   
   
  Disclaimer of Warranties
   
  YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE EXTENSION.
   
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EXTENSION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   
  IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE EXTENSION OR ANY DATA ACCESSED VIA THE EXTENSION PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECT OR DAMAGES.
   
  THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE EXTENSION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
   
  Limitation of Liability
   
  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, EXTENSION OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE EXTENSION, (D) LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE EXTENSION, (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE EXTENSION.
   
  EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.
   
  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
  Agreement to Pre-Dispute Notifications and Mediation
   
  This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim and the request for relief to the following email address: support@SearchVoyage.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
   
  Arbitration Agreement and Class Action Waiver
   
  Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Extension shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
   
  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.
   
  If you decide to initiate arbitration, the provider will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $750 initial filing fee.
   
  This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
   
  The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.
   
  Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
   
  Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
   
  If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
   
  The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
   
  Opting Out of the Arbitration Clause and Class Action Waiver
   
  You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of installing the Extension, you must send a notice by email to support@SearchVoyage.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.
   
  Indemnification
   
  You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Extension; (ii) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Extension.
   
  Modification of the Agreement
   
  The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any modification, you must uninstall the Extension.
   
  Governing Law
   
  This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Extension, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
   
  Miscellaneous
   
  The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Extension. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).
   
  How to Contact the Company
   
  If you have any questions about the Extension or this Agreement, please email us at support@SearchVoyage.com.


text:
  <strong>Voorwaarden</strong>

  Hieronder volgen de belangrijkste voorwaarden voor deelname aan het EuroClix en PanelClix spaarprogramma.
  EuroClix en PanelClix zijn handelsnamen en onderdelen van iFlavours B.V.

  U moet tenminste 12 jaar oud zijn, woonachtig zijn in Nederland, in het bezit van een Nederlandse bankrekening zijn en een geldig emailadres hebben om deel te kunnen nemen aan het spaarprogramma. Toegang tot het spaarprogramma is uitsluitend beperkt tot individuele consumenten. Ondernemingen en/of rechtspersonen (BV’s, NV’s, Stichtingen, etc.) zijn uitgesloten van deelname.

  Elke deelnemer die zich heeft geregistreerd als lid bij het spaarprogramma is verantwoordelijk voor het verstrekken van juiste informatie op de registratieformulieren. Tevens zijn de deelnemers verantwoordelijk voor het wijzigen van deze gegevens als dat nodig is om de nauwkeurigheid en juistheid van de gegevens te behouden. Het bewust afgeven van onjuiste gegevens tijdens de registratie als deelnemer en het eventueel later bewust vervangen van juiste informatie door onjuiste informatie, maakt het onmogelijk gepersonaliseerde emails met voor het lid relevante onderwerpen te versturen en relevante aanbiedingen via de EuroClix website te communiceren. iFlavours behoudt zich het recht voor om het lidmaatschap van deelnemers te beëindigen als leden onjuiste en misleidende informatie over zichzelf hebben verstrekt, hetzij tijdens registratie, hetzij in de periode daarna.

  De Clix (punten) die een deelnemer heeft verdiend zijn persoonlijk en kunnen niet worden toegewezen of overgedragen aan andere leden of worden gecombineerd met de Clix van anderen. De Clix vertegenwoordigen zelf geen geldwaarde. De Clix kunnen alleen voor euro’s worden ingewisseld op de EuroClix website, mits de deelnemer tenminste 1.000 Clix heeft verdiend. Voor meer informatie over hoe de Clix kunnen worden verdiend, ga naar Home leden. Meer informatie over het inwisselen van Clix voor euro’s, ga naar Wissel je Clix in.

  Het aantal Clix dat wordt toegewezen voor aanbiedingen en transacties wordt vastgesteld door iFlavours B.V. iFlavours B.V behoudt zich het recht voor om het spaarprogramma te wijzigen, alsmede het aantal Clix dat voor het uitvoeren van bepaalde transacties en aanbiedingen door deelnemers kan worden verdiend. iFlavours B.V. behoudt zich verder het recht voor om in de toekomst wijzigingen door te voeren in de manier waarop de Clix kunnen worden ingewisseld voor euro’s. Bovengenoemde wijzigingen zullen vooraf door iFlavours B.V. via haar website(s) aan haar leden worden medegedeeld.

  Elke poging van een deelnemer om het systeem of spaarprogramma te manipuleren, kan resulteren in het volledige verlies van zijn of haar Clix en onmiddellijke beëindiging van het lidmaatschap.

  Het aantal Clix dat kan worden verdiend, is afhankelijk van de mate waarin de deelnemer actief aan het spaarprogramma deelneemt. iFlavours B.V. garandeert niet dat deelnemers een bepaald aantal punten zullen verdienen.

  De wijze van participatie van leden in het spaarprogramma en het geven van juiste informatie tijdens registratie heeft rechtstreeks invloed op de manier en wijze waarop het spaarprogramma deze informatie gebruikt in het doen van aanbiedingen en het communiceren naar haar leden.

  Zie verder de Algemene Voorwaarden en Condities

  De drie meestgestelde vragen over deelname aan programma:

   <a href="https://www.euroclix.nl/faq/membership#15">Hoe word ik lid van EuroClix?</a>
   <a href="https://www.euroclix.nl/faq/membership#16">Wat zijn de voorwaarden?</a>
   <a href="https://www.euroclix.nl/faq/membership#17">Wat gebeurt er na registratie?</a>


text:
  GNU GENERAL PUBLIC LICENSE
                         Version 3, 29 June 2007

   Copyright (C) 2007 Free Software Foundation, Inc. &lt;http: &lt;a="" href="&amp;lt;a href=" https:="" outgoing.prod.mozaws.net="" v1="" 22607b31c36ef8de889657137d1d50df2d53da8d8e0ac50f20505386551e84e5="" http%3A="" fsf.org"="" rel="nofollow"&gt;https://outgoing.prod.mozaws.net/v1/22607b31c36ef8de889657137d1d50df2d53da8d8e0ac50f20505386551e84e5/http%3A//fsf.org" rel="nofollow"&gt;<a href="http://fsf.org">fsf.org</a>=""/&gt;
   Everyone is permitted to copy and distribute verbatim copies
   of this license document, but changing it is not allowed.

                              Preamble

    The GNU General Public License is a free, copyleft license for
  software and other kinds of works.

    The licenses for most software and other practical works are designed
  to take away your freedom to share and change the works.  By contrast,
  the GNU General Public License is intended to guarantee your freedom to
  share and change all versions of a program--to make sure it remains free
  software for all its users.  We, the Free Software Foundation, use the
  GNU General Public License for most of our software; it applies also to
  any other work released this way by its authors.  You can apply it to
  your programs, too.

    When we speak of free software, we are referring to freedom, not
  price.  Our General Public Licenses are designed to make sure that you
  have the freedom to distribute copies of free software (and charge for
  them if you wish), that you receive source code or can get it if you
  want it, that you can change the software or use pieces of it in new
  free programs, and that you know you can do these things.

    To protect your rights, we need to prevent others from denying you
  these rights or asking you to surrender the rights.  Therefore, you have
  certain responsibilities if you distribute copies of the software, or if
  you modify it: responsibilities to respect the freedom of others.

    For example, if you distribute copies of such a program, whether
  gratis or for a fee, you must pass on to the recipients the same
  freedoms that you received.  You must make sure that they, too, receive
  or can get the source code.  And you must show them these terms so they
  know their rights.

    Developers that use the GNU GPL protect your rights with two steps:
  (1) assert copyright on the software, and (2) offer you this License
  giving you legal permission to copy, distribute and/or modify it.

    For the developers' and authors' protection, the GPL clearly explains
  that there is no warranty for this free software.  For both users' and
  authors' sake, the GPL requires that modified versions be marked as
  changed, so that their problems will not be attributed erroneously to
  authors of previous versions.

    Some devices are designed to deny users access to install or run
  modified versions of the software inside them, although the manufacturer
  can do so.  This is fundamentally incompatible with the aim of
  protecting users' freedom to change the software.  The systematic
  pattern of such abuse occurs in the area of products for individuals to
  use, which is precisely where it is most unacceptable.  Therefore, we
  have designed this version of the GPL to prohibit the practice for those
  products.  If such problems arise substantially in other domains, we
  stand ready to extend this provision to those domains in future versions
  of the GPL, as needed to protect the freedom of users.

    Finally, every program is threatened constantly by software patents.
  States should not allow patents to restrict development and use of
  software on general-purpose computers, but in those that do, we wish to
  avoid the special danger that patents applied to a free program could
  make it effectively proprietary.  To prevent this, the GPL assures that
  patents cannot be used to render the program non-free.

    The precise terms and conditions for copying, distribution and
  modification follow.

                         TERMS AND CONDITIONS

    0. Definitions.

    "This License" refers to version 3 of the GNU General Public License.

    "Copyright" also means copyright-like laws that apply to other kinds of
  works, such as semiconductor masks.

    "The Program" refers to any copyrightable work licensed under this
  License.  Each licensee is addressed as "you".  "Licensees" and
  "recipients" may be individuals or organizations.

    To "modify" a work means to copy from or adapt all or part of the work
  in a fashion requiring copyright permission, other than the making of an
  exact copy.  The resulting work is called a "modified version" of the
  earlier work or a work "based on" the earlier work.

    A "covered work" means either the unmodified Program or a work based
  on the Program.

    To "propagate" a work means to do anything with it that, without
  permission, would make you directly or secondarily liable for
  infringement under applicable copyright law, except executing it on a
  computer or modifying a private copy.  Propagation includes copying,
  distribution (with or without modification), making available to the
  public, and in some countries other activities as well.

    To "convey" a work means any kind of propagation that enables other
  parties to make or receive copies.  Mere interaction with a user through
  a computer network, with no transfer of a copy, is not conveying.

    An interactive user interface displays "Appropriate Legal Notices"
  to the extent that it includes a convenient and prominently visible
  feature that (1) displays an appropriate copyright notice, and (2)
  tells the user that there is no warranty for the work (except to the
  extent that warranties are provided), that licensees may convey the
  work under this License, and how to view a copy of this License.  If
  the interface presents a list of user commands or options, such as a
  menu, a prominent item in the list meets this criterion.

    1. Source Code.

    The "source code" for a work means the preferred form of the work
  for making modifications to it.  "Object code" means any non-source
  form of a work.

    A "Standard Interface" means an interface that either is an official
  standard defined by a recognized standards body, or, in the case of
  interfaces specified for a particular programming language, one that
  is widely used among developers working in that language.

    The "System Libraries" of an executable work include anything, other
  than the work as a whole, that (a) is included in the normal form of
  packaging a Major Component, but which is not part of that Major
  Component, and (b) serves only to enable use of the work with that
  Major Component, or to implement a Standard Interface for which an
  implementation is available to the public in source code form.  A
  "Major Component", in this context, means a major essential component
  (kernel, window system, and so on) of the specific operating system
  (if any) on which the executable work runs, or a compiler used to
  produce the work, or an object code interpreter used to run it.

    The "Corresponding Source" for a work in object code form means all
  the source code needed to generate, install, and (for an executable
  work) run the object code and to modify the work, including scripts to
  control those activities.  However, it does not include the work's
  System Libraries, or general-purpose tools or generally available free
  programs which are used unmodified in performing those activities but
  which are not part of the work.  For example, Corresponding Source
  includes interface definition files associated with source files for
  the work, and the source code for shared libraries and dynamically
  linked subprograms that the work is specifically designed to require,
  such as by intimate data communication or control flow between those
  subprograms and other parts of the work.

    The Corresponding Source need not include anything that users
  can regenerate automatically from other parts of the Corresponding
  Source.

    The Corresponding Source for a work in source code form is that
  same work.

    2. Basic Permissions.

    All rights granted under this License are granted for the term of
  copyright on the Program, and are irrevocable provided the stated
  conditions are met.  This License explicitly affirms your unlimited
  permission to run the unmodified Program.  The output from running a
  covered work is covered by this License only if the output, given its
  content, constitutes a covered work.  This License acknowledges your
  rights of fair use or other equivalent, as provided by copyright law.

    You may make, run and propagate covered works that you do not
  convey, without conditions so Longas your license otherwise remains
  in force.  You may convey covered works to others for the sole purpose
  of having them make modifications exclusively for you, or provide you
  with facilities for running those works, provided that you comply with
  the terms of this License in conveying all material for which you do
  not control copyright.  Those thus making or running the covered works
  for you must do so exclusively on your behalf, under your direction
  and control, on terms that prohibit them from making any copies of
  your copyrighted material outside their relationship with you.

    Conveying under any other circumstances is permitted solely under
  the conditions stated below.  Sublicensing is not allowed; section 10
  makes it unnecessary.

    3. Protecting Users' Legal Rights From Anti-Circumvention Law.

    No covered work shall be deemed part of an effective technological
  measure under any applicable law fulfilling obligations under article
  11 of the WIPO copyright treaty adopted on 20 December 1996, or
  similar laws prohibiting or restricting circumvention of such
  measures.

    When you convey a covered work, you waive any legal power to forbid
  circumvention of technological measures to the extent such circumvention
  is effected by exercising rights under this License with respect to
  the covered work, and you disclaim any intention to limit operation or
  modification of the work as a means of enforcing, against the work's
  users, your or third parties' legal rights to forbid circumvention of
  technological measures.

    4. Conveying Verbatim Copies.

    You may convey verbatim copies of the Program's source code as you
  receive it, in any medium, provided that you conspicuously and
  appropriately publish on each copy an appropriate copyright notice;
  keep intact all notices stating that this License and any
  non-permissive terms added in accord with section 7 apply to the code;
  keep intact all notices of the absence of any warranty; and give all
  recipients a copy of this License along with the Program.

    You may charge any price or no price for each copy that you convey,
  and you may offer support or warranty protection for a fee.

    5. Conveying Modified Source Versions.

    You may convey a work based on the Program, or the modifications to
  produce it from the Program, in the form of source code under the
  terms of section 4, provided that you also meet all of these conditions:

      a) The work must carry prominent notices stating that you modified
      it, and giving a relevant date.

      b) The work must carry prominent notices stating that it is
      released under this License and any conditions added under section
      7.  This requirement modifies the requirement in section 4 to
      "keep intact all notices".

      c) You must license the entire work, as a whole, under this
      License to anyone who comes into possession of a copy.  This
      License will therefore apply, along with any applicable section 7
      additional terms, to the whole of the work, and all its parts,
      regardless of how they are packaged.  This License gives no
      permission to license the work in any other way, but it does not
      invalidate such permission if you have separately received it.

      d) If the work has interactive user interfaces, each must display
      Appropriate Legal Notices; however, if the Program has interactive
      interfaces that do not display Appropriate Legal Notices, your
      work need not make them do so.

    A compilation of a covered work with other separate and independent
  works, which are not by their nature extensions of the covered work,
  and which are not combined with it such as to form a larger program,
  in or on a volume of a storage or distribution medium, is called an
  "aggregate" if the compilation and its resulting copyright are not
  used to limit the access or legal rights of the compilation's users
  beyond what the individual works permit.  Inclusion of a covered work
  in an aggregate does not cause this License to apply to the other
  parts of the aggregate.

    6. Conveying Non-Source Forms.

    You may convey a covered work in object code form under the terms
  of sections 4 and 5, provided that you also convey the
  machine-readable Corresponding Source under the terms of this License,
  in one of these ways:

      a) Convey the object code in, or embodied in, a physical product
      (including a physical distribution medium), accompanied by the
      Corresponding Source fixed on a durable physical medium
      customarily used for software interchange.

      b) Convey the object code in, or embodied in, a physical product
      (including a physical distribution medium), accompanied by a
      written offer, valid for at least three years and valid for as
      Longas you offer spare parts or customer support for that product
      model, to give anyone who possesses the object code either (1) a
      copy of the Corresponding Source for all the software in the
      product that is covered by this License, on a durable physical
      medium customarily used for software interchange, for a price no
      more than your reasonable cost of physically performing this
      conveying of source, or (2) access to copy the
      Corresponding Source from a network server at no charge.

      c) Convey individual copies of the object code with a copy of the
      written offer to provide the Corresponding Source.  This
      alternative is allowed only occasionally and noncommercially, and
      only if you received the object code with such an offer, in accord
      with subsection 6b.

      d) Convey the object code by offering access from a designated
      place (gratis or for a charge), and offer equivalent access to the
      Corresponding Source in the same way through the same place at no
      further charge.  You need not require recipients to copy the
      Corresponding Source along with the object code.  If the place to
      copy the object code is a network server, the Corresponding Source
      may be on a different server (operated by you or a third party)
      that supports equivalent copying facilities, provided you maintain
      clear directions next to the object code saying where to find the
      Corresponding Source.  Regardless of what server hosts the
      Corresponding Source, you remain obligated to ensure that it is
      available for As  Longas needed to satisfy these requirements.

      e) Convey the object code using peer-to-peer transmission, provided
      you inform other peers where the object code and Corresponding
      Source of the work are being offered to the general public at no
      charge under subsection 6d.

    A separable portion of the object code, whose source code is excluded
  from the Corresponding Source as a System Library, need not be
  included in conveying the object code work.

    A "User Product" is either (1) a "consumer product", which means any
  tangible personal property which is normally used for personal, family,
  or household purposes, or (2) anything designed or sold for incorporation
  into a dwelling.  In determining whether a product is a consumer product,
  doubtful cases shall be resolved in favor of coverage.  For a particular
  product received by a particular user, "normally used" refers to a
  typical or common use of that class of product, regardless of the status
  of the particular user or of the way in which the particular user
  actually uses, or expects or is expected to use, the product.  A product
  is a consumer product regardless of whether the product has substantial
  commercial, industrial or non-consumer uses, unless such uses represent
  the only significant mode of use of the product.

    "Installation Information" for a User Product means any methods,
  procedures, authorization keys, or other information required to install
  and execute modified versions of a covered work in that User Product from
  a modified version of its Corresponding Source.  The information must
  suffice to ensure that the continued functioning of the modified object
  code is in no case prevented or interfered with solely because
  modification has been made.

    If you convey an object code work under this section in, or with, or
  specifically for use in, a User Product, and the conveying occurs as
  part of a transaction in which the right of possession and use of the
  User Product is transferred to the recipient in perpetuity or for a
  fixed term (regardless of how the transaction is characterized), the
  Corresponding Source conveyed under this section must be accompanied
  by the Installation Information.  But this requirement does not apply
  if neither you nor any third party retains the ability to install
  modified object code on the User Product (for example, the work has
  been installed in ROM).

    The requirement to provide Installation Information does not include a
  requirement to continue to provide support service, warranty, or updates
  for a work that has been modified or installed by the recipient, or for
  the User Product in which it has been modified or installed.  Access to a
  network may be denied when the modification itself materially and
  adversely affects the operation of the network or violates the rules and
  protocols for communication across the network.

    Corresponding Source conveyed, and Installation Information provided,
  in accord with this section must be in a format that is publicly
  documented (and with an implementation available to the public in
  source code form), and must require no special password or key for
  unpacking, reading or copying.

    7. Additional Terms.

    "Additional permissions" are terms that supplement the terms of this
  License by making exceptions from one or more of its conditions.
  Additional permissions that are applicable to the entire Program shall
  be treated as though they were included in this License, to the extent
  that they are valid under applicable law.  If additional permissions
  apply only to part of the Program, that part may be used separately
  under those permissions, but the entire Program remains governed by
  this License without regard to the additional permissions.

    When you convey a copy of a covered work, you may at your option
  remove any additional permissions from that copy, or from any part of
  it.  (Additional permissions may be written to require their own
  removal in certain cases when you modify the work.)  You may place
  additional permissions on material, added by you to a covered work,
  for which you have or can give appropriate copyright permission.

    Notwithstanding any other provision of this License, for material you
  add to a covered work, you may (if authorized by the copyright holders of
  that material) supplement the terms of this License with terms:

      a) Disclaiming warranty or limiting liability differently from the
      terms of sections 15 and 16 of this License; or

      b) Requiring preservation of specified reasonable legal notices or
      author attributions in that material or in the Appropriate Legal
      Notices displayed by works containing it; or

      c) Prohibiting misrepresentation of the origin of that material, or
      requiring that modified versions of such material be marked in
      reasonable ways as different from the original version; or

      d) Limiting the use for publicity purposes of names of licensors or
      authors of the material; or

      e) Declining to grant rights under trademark law for use of some
      trade names, trademarks, or service marks; or

      f) Requiring indemnification of licensors and authors of that
      material by anyone who conveys the material (or modified versions of
      it) with contractual assumptions of liability to the recipient, for
      any liability that these contractual assumptions directly impose on
      those licensors and authors.

    All other non-permissive additional terms are considered "further
  restrictions" within the meaning of section 10.  If the Program as you
  received it, or any part of it, contains a notice stating that it is
  governed by this License along with a term that is a further
  restriction, you may remove that term.  If a license document contains
  a further restriction but permits relicensing or conveying under this
  License, you may add to a covered work material governed by the terms
  of that license document, provided that the further restriction does
  not survive such relicensing or conveying.

    If you add terms to a covered work in accord with this section, you
  must place, in the relevant source files, a statement of the
  additional terms that apply to those files, or a notice indicating
  where to find the applicable terms.

    Additional terms, permissive or non-permissive, may be stated in the
  form of a separately written license, or stated as exceptions;
  the above requirements apply either way.

    8. Termination.

    You may not propagate or modify a covered work except as expressly
  provided under this License.  Any attempt otherwise to propagate or
  modify it is void, and will automatically terminate your rights under
  this License (including any patent licenses granted under the third
  paragraph of section 11).

    However, if you cease all violation of this License, then your
  license from a particular copyright holder is reinstated (a)
  provisionally, unless and until the copyright holder explicitly and
  finally terminates your license, and (b) permanently, if the copyright
  holder fails to notify you of the violation by some reasonable means
  prior to 60 days after the cessation.

    Moreover, your license from a particular copyright holder is
  reinstated permanently if the copyright holder notifies you of the
  violation by some reasonable means, this is the first time you have
  received notice of violation of this License (for any work) from that
  copyright holder, and you cure the violation prior to 30 days after
  your receipt of the notice.

    Termination of your rights under this section does not terminate the
  licenses of parties who have received copies or rights from you under
  this License.  If your rights have been terminated and not permanently
  reinstated, you do not qualify to receive new licenses for the same
  material under section 10.

    9. Acceptance Not Required for Having Copies.

    You are not required to accept this License in order to receive or
  run a copy of the Program.  Ancillary propagation of a covered work
  occurring solely as a consequence of using peer-to-peer transmission
  to receive a copy likewise does not require acceptance.  However,
  nothing other than this License grants you permission to propagate or
  modify any covered work.  These actions infringe copyright if you do
  not accept this License.  Therefore, by modifying or propagating a
  covered work, you indicate your acceptance of this License to do so.

    10. Automatic Licensing of Downstream Recipients.

    Each time you convey a covered work, the recipient automatically
  receives a license from the original licensors, to run, modify and
  propagate that work, subject to this License.  You are not responsible
  for enforcing compliance by third parties with this License.

    An "entity transaction" is a transaction transferring control of an
  organization, or substantially all assets of one, or subdividing an
  organization, or merging organizations.  If propagation of a covered
  work results from an entity transaction, each party to that
  transaction who receives a copy of the work also receives whatever
  licenses to the work the party's predecessor in interest had or could
  give under the previous paragraph, plus a right to possession of the
  Corresponding Source of the work from the predecessor in interest, if
  the predecessor has it or can get it with reasonable efforts.

    You may not impose any further restrictions on the exercise of the
  rights granted or affirmed under this License.  For example, you may
  not impose a license fee, royalty, or other charge for exercise of
  rights granted under this License, and you may not initiate litigation
  (including a cross-claim or counterclaim in a lawsuit) alleging that
  any patent claim is infringed by making, using, selling, offering for
  sale, or importing the Program or any portion of it.

    11. Patents.

    A "contributor" is a copyright holder who authorizes use under this
  License of the Program or a work on which the Program is based.  The
  work thus licensed is called the contributor's "contributor version".

    A contributor's "essential patent claims" are all patent claims
  owned or controlled by the contributor, whether already acquired or
  hereafter acquired, that would be infringed by some manner, permitted
  by this License, of making, using, or selling its contributor version,
  but do not include claims that would be infringed only as a
  consequence of further modification of the contributor version.  For
  purposes of this definition, "control" includes the right to grant
  patent sublicenses in a manner consistent with the requirements of
  this License.

    Each contributor grants you a non-exclusive, worldwide, royalty-free
  patent license under the contributor's essential patent claims, to
  make, use, sell, offer for sale, import and otherwise run, modify and
  propagate the contents of its contributor version.

    In the following three paragraphs, a "patent license" is any express
  agreement or commitment, however denominated, not to enforce a patent
  (such as an express permission to practice a patent or covenant not to
  sue for patent infringement).  To "grant" such a patent license to a
  party means to make such an agreement or commitment not to enforce a
  patent against the party.

    If you convey a covered work, knowingly relying on a patent license,
  and the Corresponding Source of the work is not available for anyone
  to copy, free of charge and under the terms of this License, through a
  publicly available network server or other readily accessible means,
  then you must either (1) cause the Corresponding Source to be so
  available, or (2) arrange to deprive yourself of the benefit of the
  patent license for this particular work, or (3) arrange, in a manner
  consistent with the requirements of this License, to extend the patent
  license to downstream recipients.  "Knowingly relying" means you have
  actual knowledge that, but for the patent license, your conveying the
  covered work in a country, or your recipient's use of the covered work
  in a country, would infringe one or more identifiable patents in that
  country that you have reason to believe are valid.

    If, pursuant to or in connection with a single transaction or
  arrangement, you convey, or propagate by procuring conveyance of, a
  covered work, and grant a patent license to some of the parties
  receiving the covered work authorizing them to use, propagate, modify
  or convey a specific copy of the covered work, then the patent license
  you grant is automatically extended to all recipients of the covered
  work and works based on it.

    A patent license is "discriminatory" if it does not include within
  the scope of its coverage, prohibits the exercise of, or is
  conditioned on the non-exercise of one or more of the rights that are
  specifically granted under this License.  You may not convey a covered
  work if you are a party to an arrangement with a third party that is
  in the business of distributing software, under which you make payment
  to the third party based on the extent of your activity of conveying
  the work, and under which the third party grants, to any of the
  parties who would receive the covered work from you, a discriminatory
  patent license (a) in connection with copies of the covered work
  conveyed by you (or copies made from those copies), or (b) primarily
  for and in connection with specific products or compilations that
  contain the covered work, unless you entered into that arrangement,
  or that patent license was granted, prior to 28 March 2007.

    Nothing in this License shall be construed as excluding or limiting
  any implied license or other defenses to infringement that may
  otherwise be available to you under applicable patent law.

    12. No Surrender of Others' Freedom.

    If conditions are imposed on you (whether by court order, agreement or
  otherwise) that contradict the conditions of this License, they do not
  excuse you from the conditions of this License.  If you cannot convey a
  covered work so as to satisfy simultaneously your obligations under this
  License and any other pertinent obligations, then as a consequence you may
  not convey it at all.  For example, if you agree to terms that obligate you
  to collect a royalty for further conveying from those to whom you convey
  the Program, the only way you could satisfy both those terms and this
  License would be to refrain entirely from conveying the Program.

    13. Use with the GNU Affero General Public License.

    Notwithstanding any other provision of this License, you have
  permission to link or combine any covered work with a work licensed
  under version 3 of the GNU Affero General Public License into a single
  combined work, and to convey the resulting work.  The terms of this
  License will continue to apply to the part which is the covered work,
  but the special requirements of the GNU Affero General Public License,
  section 13, concerning interaction through a network will apply to the
  combination as such.

    14. Revised Versions of this License.

    The Free Software Foundation may publish revised and/or new versions of
  the GNU General Public License from time to time.  Such new versions will
  be similar in spirit to the present version, but may differ in detail to
  address new problems or concerns.

    Each version is given a distinguishing version number.  If the
  Program specifies that a certain numbered version of the GNU General
  Public License "or any later version" applies to it, you have the
  option of following the terms and conditions either of that numbered
  version or of any later version published by the Free Software
  Foundation.  If the Program does not specify a version number of the
  GNU General Public License, you may choose any version ever published
  by the Free Software Foundation.

    If the Program specifies that a proxy can decide which future
  versions of the GNU General Public License can be used, that proxy's
  public statement of acceptance of a version permanently authorizes you
  to choose that version for the Program.

    Later license versions may give you additional or different
  permissions.  However, no additional obligations are imposed on any
  author or copyright holder as a result of your choosing to follow a
  later version.

    15. Disclaimer of Warranty.

    THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
  APPLICABLE LAW.  EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
  HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
  OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
  THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
  PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
  IS WITH YOU.  SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
  ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    16. Limitation of Liability.

    IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
  WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
  THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
  GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
  USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
  DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
  PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
  EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
  SUCH DAMAGES.

    17. Interpretation of Sections 15 and 16.

    If the disclaimer of warranty and limitation of liability provided
  above cannot be given local legal effect according to their terms,
  reviewing courts shall apply local law that most closely approximates
  an absolute waiver of all civil liability in connection with the
  Program, unless a warranty or assumption of liability accompanies a
  copy of the Program in return for a fee.

                       END OF TERMS AND CONDITIONS


text:
  This Click Studios Customer Agreement (the “Agreement”) is between you and Click Studios (SA) Pty Ltd (ABN 68 552 128 552) (“Click Studios”). If you are agreeing to this Agreement not as an individual but on behalf of your company, then “Customer” or “you” means your company, and you are binding your company to this Agreement. Click Studios may modify this Agreement from time to time, subject to the terms in Section 15 (Changes to this Agreement) below.

  By clicking on the “I agree” (or similar button) that is presented to you at the time of your Order, or by using or accessing Click Studios products, you indicate your assent to be bound by this Agreement.


  This End-User Software License Agreement (the “Agreement”) is made and effective,


  BETWEEN:	[Click Studios] (the "Licensor")


  AND:	[You] (the "Licensee")



  RECITALS 

  WHEREAS, Licensor has developed certain computer programs and related documentation and desires to grant Licensee a license to use the Software. 

  WHEREAS, Licensee wishes to use the Software under the conditions set forth in this Agreement.

  NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensee and Licensor hereby agree as follows:


  1.	DEFINITIONS
  "Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
  "Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
  "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Click Studios.
  "Software" means (a) all of the information with which this agreement is provided, including but not limited to (i) Click Studios or third party software files and other computer information; (ii) related explanatory written materials and files ("Documentation"); and (iii) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Click Studios at any time, to the extent not provided under a separate agreement (collectively, "Updates").



  2.	SOFTWARE LICENSE

  [PERPETUAL LICENSE]
  Licensor hereby grants to Licensee a perpetual, non-exclusive license to use the Software and Documentation (collectively, the "Software System"), subject to the terms and conditions hereinafter set forth. This License is effective when executed by both parties and the license granted to the Software remains in force until Licensee stops using the Software or until Licensor terminates this License because of Licensee's failure to comply with any of its terms and conditions.


  [PER SEAT/USER LICENSING] 
  Licensor hereby grants to Licensee a nonexclusive license to install the Permitted Number of copies of the Software on the Permitted Number of Computer server(s) only for use of the Software initiated by an individual through commands, data or instructions (e.g., scripts). The total number of users (not the concurrent number of users) permitted to use the Software on such Computer server(s) may not exceed the Permitted Number. No other network installation or access (either directly or through commands, data or instructions) is permitted, including, but not limited to: (i) for enabling web hosted workgroups or services available to the public, (ii) by any individual or entity to use, download, copy or otherwise benefit from the functionality of the Software unless licensed to do so by Click Studios, (iv) as a component of a system, workflow or service accessible by more than the Permitted Number of users. Only one production install of the software is permitted, unless multiple license sets, the Global License, or the High Availability license option is purchased.

  LICENSEE'S RIGHTS AND OBLIGATIONS

  Licensee may either:

  A.	Make one copy of the Software solely for backup or archival purposes, or

  B.	Transfer the Software to a single hard disk, provided Licensee keep the original solely for backup or archival purposes.

  The Software and Documentation are protected by Australian copyright laws and international treaties. Licensee must treat the Software and Documentation like any other copyrighted material - for example a book. Licensee may not:

  A.	Copy the Documentation

  B.	Copy the Software except to make archival or backup copies as provided above

  C.	Modify or adapt the Software or merge it into another program

  D.	Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software

  E.	Sublicense, rent, lease or lend any portion of the Software or Documentation.

  ENTERPRISE, GLOBAL &amp; HIGH AVAILABILITY LICENSEE RIGHTS
  Enterprise, Global and High Availability licenses differ to Per Seat/User Licensing as follows:

  A.	Enterprise License entitles an unlimited number of users accessing the software from one given production installation
  B.	Global License Entitles an unlimited number of users accessing the software, from an unlimited number of production installs within the same company structure - no subsidiary companies, partner companies, or alternate government departments are permitted to use this license
  C.	High Availability License entitles a secondary production install, for Disaster Recovery purposes – either in Active/Passive or Active/Active configuration. If purchased with a Global License, then unlimited installs of the High Availability module are also permitted, but only within the same company structure - no subsidiary companies, partner companies, or alternate government departments are permitted to use this license. Without the purchase of the High Availability license, you are prohibited from using virtual server replication technologies for disaster recovery purposes of Click Studios’ software

  3.	LIMITED WARRANTY &amp; Disclaimer

  The Licensor warrants that the media on which the Software is recorded and the User Documentation provided with it are free from defects in materials and workmanship under normal use for a period of 90 days from the date of your original purchase. Except for the limited warranty described above, the Software is sold 'as is', and you are assuming the entire risk as to its quality and performance. It is your responsibility to verify the results obtained from the use of the Software.

  If during the 90-day limited warranty period, you discover physical defects in the media on which the Software was recorded or in the User Documentation, the Licensor will replace them at no charge to you, provided you return the item to be replaced with proof of purchase to the Publisher. THIS IS YOUR SOLE REMEDY. IN NO EVENT WILL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. In the event that any of the above limitations or exclusions is held to be unenforceable, the Licensor's total liability shall not exceed the amount of the License fee you paid.

  Neither party shall be under any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its control including without limitation industrial disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control.


  4.	REPRESENTATIONS AND WARRANTIES 

  Licensor hereby represents and warrants to Licensee that:

  A.	Licensor is the owner of all right, title and interest, including copyright, in all the Licensed Materials, or has the authority to enter into this Agreement on behalf of the owner. 

  B.	Licensor has not granted any rights or licenses to the Licensed Materials that would conflict with Licensor's obligations under this Agreement. 

  C.	Licensor is fully aware of Licensee's business requirements and intended uses for the Software and the Software shall satisfy such requirements and is fit for such intended uses.

  D.	Licensor will not enter into any agreement with any third party which would affect Licensee's rights under this Agreement, or bind Licensee to any third party, without Licensee's prior written consent.

  E.	Licensee's use of the Licensed Materials as authorized by this Agreement will not infringe any existing copyright, trade secret, patent or trademark rights of any third party.


  5.	TERMINATION

  Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this Agreement or if Licensee becomes bankrupt or insolvent. This License Agreement takes effect upon Licensee's use of the software and remains effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software and Documentation in its possession. It will also automatically terminate if Licensee fails to comply with any term or condition of this License Agreement. 


  6.	RETURN OR DESTRUCTION OF SOFTWARE UPON TERMINATION

  Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications. Licensor shall have a reasonable opportunity to conduct an inspection of Licensee's place of business to assure compliance with this provision.


  7.	TITLE TO SOFTWARE

  Licensor retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.


  8.	MODIFICATION AND ENHANCEMENTS

  Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Licensor's express written consent.
           
   
  9.	SOFTWARE INSTALLATION AND ACCEPTANCE

  Licensor shall use reasonable efforts to deliver the Licensed Copies of the Software and Documentation to the Licensee in reasonable time. Licensee shall have 90 days from the Delivery Date to perform acceptance testing. Licensee's Acceptance of the Software shall occur at the earlier of Licensee's operational use of the Software, or the expiration of 90 days from the Delivery Date without the provision of notice by Licensee to Licensor of any Error(s). If Licensee provides notice to Licensor of any Error(s) and Licensor verifies the alleged Error(s), the Software shall be accepted upon Licensor's correction of such Error(s).

                           
  10.	PUBLICITY

  Licensor shall not refer to the existence of this Agreement in any press release, advertising or materials distributed to prospective customers, without the prior written consent of Licensee.

                 
  11.	LICENSOR'S PROPRIETARY NOTICES

  Licensee agrees that any copies of the Software or Documentation which it makes pursuant to this Agreement shall bear all copyright, trademark and other proprietary notices included therein by Licensor and, except as expressly authorized herein, Licensee shall not distribute same to any third party without Licensor's prior written consent. Notwithstanding the preceding sentence, Licensee may add its own copyright or other proprietary notice to any copy of the Software or Documentation which contains modifications to which Licensee has ownership rights pursuant to this Agreement.

                         
  12.	SEVERABILITY

  If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

                           
  13.	NO WAIVER

  The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.


  14. RETURN POLICY

  As part of our commitment to customer satisfaction, it is our customary business practice to provide reasonable support during the evaluation phase of Click Studios’ software. If during this evaluation phase our software is deemed not suitable, it can be removed from your systems with no further commitment to purchase software from Click Studios. If after purchase a fault is found which cannot be adequately resolved by Click Studios within reasonable time frame, a full refund for amount purchased can be obtained. We will not accept returns after the 30-day return period. You understand that Click Studios may change this practice in the future in accordance with Section 15 (Changes to this Agreement).
       
              

  15 CHANGES TO THIS AGREEMENT

  We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on our blog, or in the Product itself). If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Charge Products, accepting the updated Agreement is required for you to continue using the No-Charge Products. You may be required to click through the updated Agreement to show your acceptance. If you do not agree to the updated Agreement after it becomes effective, you will no longer have a right to use No-Charge Products. For the avoidance of doubt, any Order is subject to the version of the Agreement in effect at the time of the Order.

  16.	COMPLETE AGREEMENT

  This Agreement sets forth the entire understanding of the parties as to its subject matter and may not be modified except in a writing executed by both parties.


text:
  CashBag Cash Back Button End User License Agreement

  Welcome to the CashBag Cash Back Button. By downloading and installing the CashBag Cash Back Button, you agree to be legally bound by this following End User License Agreement (this "EULA"). As used in this EULA, the “CashBag Cash Back Button" or "Software" means the Cash Back Button software designed to work with the Internet web browser installed on your computer, including any updates, revisions, patches or other modifications from time to time to this software. CashBag reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. You can always find the most recent version of this EULA at <a href="http://cashbag.co.za/eula">cashbag.co.za/eula</a>. CashBag may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes. Any reference to "we", "our", "us" or the like in this EULA refers collectively to CashBag "You", "your" or the like refers to you, the end user of the CashBag Cash Back Button.

  1. Grant of Limited Use License. If you agree to this EULA, you may install and personally use the CashBag Cash Back Button and any updates provided by CashBag in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA (as it may be amended by CashBag from time to time), CashBag hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the CashBag Cash Back Button consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.

  2. Permitted Uses. By agreeing to this EULA, your permitted uses and restrictions with respect to the Software are as follows:

  a.      Generally. You may use the CashBag Cash Back Button to enhance your Internet surfing experience by being provided with relevant references displayed in your browser.

  b.      Search the Internet: The Software may change the default search engine in your browser's search box, if such a search box exists in your browser. This alteration would allow CashBag to track your searches. The software may change the homepage on your browser to http://www.cashbag.co.za.The Software also enables CashBag to provide you with Cash Back shopping reward opportunities within your search results.

  c. eCommerce: When visiting a website of a merchant with respect to which CashBag offers Cash Back rewards, the CashBag Cash Back Button will either create a tracking ticket and start a Cash Back rewards shopping session or visually prompt you to press a button to start your CashBag Cash Back rewards shopping session. If you start a shopping session using the CashBag Cash Back Button, it will set a cookie on your computer through an affiliate network for the purpose of tracking your shopping session and crediting your Cash Back reward — just as if you had begun your shopping experience via any other CashBag link. Please note, however, that if cookies or other similar tracking devices from other affiliate marketing companies are already present on your computer, the Software will not automatically overwrite those cookies, but the CashBag Cash Back Button may still offer you the ability to start an CashBag Cash Back rewards shopping session when you have arrived at a participating merchant's website. Our use of cookies is more specifically described in our Privacy Policy.

  d.      All Cash Back rewards or other incentives offered to you via transactions and activities that you may conduct via the CashBag Cash Back Button are subject to the CashBag Terms &amp; Conditions, a copy of which is presently available on our website at Terms and Conditions By downloading and using the CashBag Cash Back Button you acknowledge and agree that you have read, understand and agree to such Terms &amp; Conditions and that such Terms &amp; Conditions govern any and all Cash Back rewards or other incentives you may be eligible to receive with your valid use of the CashBag Cash Back Button, including restrictions and limitations on such rewards and incentives. The Terms &amp; Conditions are incorporated into this EULA and hereby made an integral part hereof.

  3. Enhanced Experience. When visiting certain sites, the CashBag Cash Back Button may add to the page you are visiting certain html code to enhance your experience by adding deals, coupons and other information to links and text.

  4. Updates. When installed on your computer, the Software periodically communicates with our servers. We may update the Software on your computer when a new version is released or when new features are added. These updates occur automatically. We also reserve the right to add features or functions to the Software. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software.

  5. Restrictions. You may not (i) use the CashBag Cash Back Button in any manner that could damage, disable, overburden or impair CashBag’s search services (e.g., you may not use the CashBag Cash Back Button in an automated manner (including by way of acting in concert with one or more other users of the CashBag Cash Back Button to result in the same outcome as an automated approach) or in any way to transmit, directly or indirectly, any unsolicited bulk communications, (ii) decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the CashBag Cash Back Button or any portion thereof, or use the CashBag Cash Back Button in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, including without limitation engaging in any click fraud or other similar conduct to fraudulently or improperly earn CashBag Cash Back rewards via the CashBag Cash Back Button or CashBag web properties. You agree to abide by South African copyright law and all other applicable laws of South Africa and other nations and by any applicable international treaties in connection with your use of the Software.

  The CashBag Cash Back Button is intended to be used in manner for you to be able to benefit from bona-fide search and shopping activities that you conduct on the Internet. If we or our technology partners, merchants or advertisers determine, in our sole discretion, that you have violated the terms of this EULA or have otherwise not acted in good faith, we reserve the right terminate your right to use the CashBag Cash Back Button at any time, to cancel (and reverse, as applicable) all of the Cash Back rewards you may have earned (or attempted to earn) via your use of the CashBag Cash Back Button and to pursue any legal remedy against you available to us. You agree to indemnify and hold harmless CashBag, its technology partners, merchants and advertisers from any and all such determinations, actions and remedies. You acknowledge that the foregoing restrictions and penalties are reasonable and that they form an essential part of the bargain between you and us.

  6. Ownership. All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to CashBag and CashBag holds title to each copy of the Software. You agree not to remove or alter our or any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property.

  7. Third Party Applications. The CashBag Cash Back Button may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether the CashBag Cash Back Button and such application came bundled together.

  8. Term. This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. CashBag may, upon notice to you, terminate this EULA, in its sole discretion, if you breach any of the terms and conditions or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. If we terminate this EULA, you will no longer have the right to use our Software in any way, and any Cash Back rewards or other incentives that you may earn following such termination will be void, even if such rewards or incentives would otherwise have been validly earned but for our termination. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and CashBag’s proprietary rights shall survive any such termination. You agree that CashBag’s shall not be liable to you or any third party for any termination of your access to the Software or the services provided thereby.

  9. Disclaimer of Warranty. YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

  10. Limitation of Liability. CASHBAG’S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL CASHBAG OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, OR RELIANCE ON THE SOFTWARE, EVEN IF CASHBAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE FROM ANY CLAIM RELATING TO OR ARISING FROM YOUR USE OF THE CASHBAG CASH BACK BUTTON, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ZAR100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  11. Indemnification. BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY CASHBAG SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS CASHBAG, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).

  12. Data Collection and Privacy. By using the Software and related services, you agree that CashBag may collect and use certain information and data relating to your use, as more fully described in our Privacy Policy. Our Privacy Policy, as it may be amended from time to time, is integrated and incorporated by reference into this EULA.

  13. General. This EULA is governed by and interpreted under the laws of the Republic of South Africa, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim, dispute, or controversy you may have against CashBag arising out of, relating to, or connected in any way with this EULA or the Software shall be resolved exclusively by final and binding arbitration administered by the Arbitration Foundation of Southern Africa (“AFSA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AFSA. The arbitration shall be held in Centurion, South Africa and the arbitrator shall apply South African law

  . ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to CashBag if we are the prevailing party in such arbitration. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this EULA or portion thereof is found to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. CashBag may assign this EULA to any entity at its sole discretion and without notice to you. YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE CASHBAG TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by CashBag, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.

  16. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CASHBAG, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME. NOTICE OF SUCH CHANGES WILL BE MADE ON THE CASHBAG WEBSITE AS SET FORTH HEREIN.

  Effective Date: 1 June, 2016


text:
  &lt;h1&gt;Find and Remind End User License Agreement&lt;/h1&gt;
  &lt;p&gt;
      By downloading and installing the Find &amp; Remind, you agree to be legally bound by this following End User License Agreement (this "EULA"). As used in this EULA, the "Find &amp; Remind " or "Software" means the toolbar software designed to work with the internet web browser installed on your computer, including any updates, revisions, patches or other modifications from time to time to this software. This EULA applies to any Find &amp; Remind branded with third party brands.
  &lt;/p&gt;
  &lt;p&gt;
      easyfundraising reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. easyfundraising may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes.
  &lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Grant of Limited Use License&lt;/h4&gt;
  &lt;p&gt;
      If you agree to this EULA, you may install and personally use the Find &amp; Remind and any updates provided by easyfundraising in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA (as it may be amended by easyfundraising from time to time), easyfundraising hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Find &amp; Remind consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
  &lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Permitted Uses&lt;/h4&gt;
  &lt;p&gt;By agreeing to this EULA, your permitted uses and restrictions with respect to the Software are as follows:&lt;/p&gt;
  <ul>    <li>Generally: You may use the Find &amp; Remind to enhance your Internet surfing experience by being provided with relevant references displayed in your browser.</li>    <li>Search the Internet: During installation, you will be requested to change the default search engine in your browser's search box, if such a search box exists in your browser.</li>    <li>eCommerce: When visiting a participating merchant's website with which easyfundraising has a business relationship, the Software will prompt you that: (1) this is a participating merchant; and (2) the Software will give you the option of earning funds for your cause on an opt-in basis. If you then decide not to opt in, you will not be entitled to earn any funds in connection with your activity. If you do opt-in as set forth above, then your chosen cause for which you are earning funds be entitled to earnings or other benefits upon the successful completion of a sales transaction on a commissionable item. In order for the sales transaction to be tracked following opt-in, the software will set a cookie on your computer through an affiliate network. If you visit another referral partner site (cashback or voucher codes sites etc) before completing any transaction there is a high likelihood that the Software affiliate cookie will be overwritten and your cause will no longer be entitled to receive a donation. Please also note, for all methods of being routed through to the easyfundraising website, if cookies or other similar tracking devices from other referral partners are already present on your computer, you will still be prompted to opt in, which may result in removing the opportunity for the other referral partner receiving a commission.</li>    <li>Enhanced Experience: When visiting certain sites, the Find &amp; Remind may add to the page you are visiting certain html code to enhance your experience by adding deals/coupons to links and text, as well as a notification system that will keep you connected with the brand associated with the Find &amp; Remind that you have installed.</li>    <li>Updates. When installed on your computer, the Software periodically communicates with our servers. We may update the Software on your computer when a new version is released or when new features are added. These updates occur automatically. We also reserve the right to add features or functions to the Software. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software.</li></ul>&lt;hr&gt;&lt;h4&gt;Restrictions&lt;/h4&gt;
  &lt;p&gt;You may not:&lt;/p&gt;
  <ul>    <li>use the Find &amp; Remind in any manner that could damage, disable, overburden or impair easyfundraising's search services (e.g., you may not use the Find &amp; Remind in an automated manner) or in any way to transmit, directly or indirectly, any unsolicited bulk communications;</li>    <li>decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the Find &amp; Remind or any portion thereof; or</li>    <li>use the Find &amp; Remind in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, including without limitation engaging in any click fraud or other similar conduct to fraudulently earn donations via the Find &amp; Remind or easyfundraising web properties. You agree to abide by UK copyright law and all other applicable laws of the UK and other nations and by any applicable international treaties in connection with the Software.</li></ul>&lt;p&gt;If you violate these restrictions, we reserve the right terminate your right to use the Find &amp; Remind at any time and to pursue any legal remedy against you available to us.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Ownership&lt;/h4&gt;
  &lt;p&gt;All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to easyfundraising and easyfundraising holds title to each copy of the Software. You agree not to remove or alter our or any third party's trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Term&lt;/h4&gt;
  &lt;p&gt;This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. easyfundraising may terminate this EULA, in its sole discretion, if you breach any of the terms and conditions, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and easyfundraising's proprietary rights shall survive any such termination. You agree that easyfundraising Ltd shall not be liable to you or any third-party for any termination of your access to the Software or the services provided thereby.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Disclaimer of Warranty&lt;/h4&gt;
  &lt;p&gt;YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Limitation Of Liability&lt;/h4&gt;
  &lt;p&gt;EASYFUNDRAISING'S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL EASYFUNDRAISING OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF EASYFUNDRAISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Indemnification&lt;/h4&gt;
  &lt;p&gt;BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY EASYFUNDRAISING SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS EASYFUNDRAISING, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;High Risk Activities&lt;/h4&gt;
  &lt;p&gt;The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, EASYFUNDRAISING SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT EASYFUNDRAISING WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;Data Collection and Privacy&lt;/h4&gt;
  &lt;p&gt;By using the Software and related services, you agree that Easyfundraising may collect and use certain information and data relating to your use, as more fully described in our toolbar privacy policy, posted at the easyfundraising website, <a href="http://www.easyfundraising.org.uk/spread-the-word/find-and-remind/privacy/">http://www.easyfundraising.org.uk/spread-the-word/find-and-remind/privacy/</a> and our general website privacy policy posted at <a href="http://www.easyfundraising.org.uk/privacy/">http://www.easyfundraising.org.uk/privacy/</a>. All such data is owned exclusively by easyfundraising. These policies, as they may be amended from time to time, are integrated and incorporated by reference into this EULA.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;General&lt;/h4&gt;
  &lt;p&gt;Controlling Law.&lt;/p&gt;
  &lt;p&gt;This EULA and the relationship between you and easyfundraising is governed by the laws of England and Wales without regard to its conflict of law provisions. You and easyfundraising agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.&lt;/p&gt;
  &lt;p&gt;YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE US EASYFUNDRAISING TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by easyfundraising, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.&lt;/p&gt;
  &lt;hr&gt;&lt;h4&gt;ACKNOWLEDGMENT&lt;/h4&gt;
  &lt;p&gt;YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND EASYFUNDRAISING, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME. NOTICE OF SUCH CHANGES WILL BE MADE ON THE EASYFUNDRAISING WEBSITE AS SET FORTH HEREIN.&lt;/p&gt;
  &lt;hr&gt;
  &lt;p&gt;<a href="http://www.easyfundraising.org.uk/find-and-remind/">Return to the Find &amp; Remind homepage</a>&lt;/p&gt;


text:
  These Terms of Service (the "Terms") refers to the rendering of services by Privatix. Privatix is a service offered for use by Privatix LTD company (hereinafter referred to as "Privatix", "we" or "us"). 

  1. Area of application

  (1.1) Our Terms apply to all services that Privatix provides. The area of application includes mobile applications, software and extensions for browsers. 

  (1.2) We shall not bear responsibility for any services provided by third parties which you can get using Privatix. Also, this applies to dating websites, social networks and ads. 

  (1.3) Deviations from the Terms may only be possible by agreement confirmed by us in writing. Even if we do not explicitly object to other conditions, they shall not become part of the contract between us and the customer. 

  2. Conclusion of the Contract

  (2.1) To use Privatix it is needed that you as a consumer (the "User") shall install the mobile app, browser extension or a desktop program. Registration is recommended, but not required. 

  (2.2) We will notify you of the Terms appliance if you want to use the Privatix services that subject to registration. You will be able to print or download the Terms. 

  (2.2) We mainly use English in a contractual relationship between us and the customer, but also provide our Privacy Policy and the Terms in other languages. 

  (2.4) You have the right to use Privatix only for personal purposes. If it is not allowed by us in writing, commercial use is prohibited. 

  3. Registration and E-Mail

  (3.1) Currently, the registration is free and not mandatory. If it happens that Privatix services or some functions require payment at the moment or in the future, it will be indicated before the payment. 

  (3.2) You warrant the accuracy of the information noted by you during registration and having the right to use the e-mail address that was provided. You must notify us immediately if your contact details change. 

  (3.3) A valid e-mail address must be provided at the moment of registration, but there is also an option of using the service via the guest access with limited functionality. 

  (3.4) The purpose of the provision of your e-mail address is the creation of a user account, as well as the communication with you or providing you with information in accordance with the rules. Every Paid service (Premium) users need to be registered with a valid email. 

  (3.5) In addition, we will use the email address noted by you to notify you of any changes in Privatix. If you no longer wish to receive these emails, you can disable the use of your e-mail address at any time by e-mail . When you contact us by e-mail on this issue, please make sure you are using the e-mail address that you noted during registration. 

  4. Contents

  (4.1) You need to install our extension for the browser, desktop software or our mobile application to use Privatix services. 

  (4.2) When installation is complete, you can choose which of our servers or points of connection in different countries should be used for access to the websites through an encrypted connection. For more information on this subject, please see our Privacy Policy. 

  (4.3) When using Privatix, we can show advertising created only by us in your browser or smartphone as part of our free services. These ads may overlap other elements shown on the screen. 

  (4.4) Your rights and obligations in connection with the use of Privatix, as well as liability issues are described in the remaining provisions of the Terms, provided that in this particular case no additional terms of service are applied. 


  5. Using Restrictions

  (5.1) It is prohibited to use Privatix for commercial purposes or others than those described. 

  (5.2) You agree not to use Privatix for illegal purposes, in particular, not to create any following lines: 

  Content that incites hatred against parts of the population, or racial, sexual, religious or national group, or incites violence or arbitrary action against such groups and violates human dignity by insulting maliciously degrading or defaming parts of the population or any of the groups mentioned above;
  Content that shows minors in unnatural positions with sexual overtones, pornographic, especially a content that shows violence, images of child abuse or sexual interactions between humans and animals, as well as content that violates any other provisions made to protect minors .
  Content which promotes games for which a permit from the authorities is needed.
  Threatening, abusive, defamatory or any other offensive content or any other xenophobic or racist remarks.
  Content that may violate privacy of people and/or their general personal rights and/or may put a person under pressure.
  Content which may violate a right of third parties to images that picture them;
  Content that infringes intellectual property/copyright of third parties, for example, images that do not have the license which is necessary.
   

  (5.4) You agree not to engage in any copyright infringement by using Privatix. 

  (5.5) You must refrain from any activity which is aimed at interfering with the functioning of Privatix. 

  (5.6) You must indemnify Privatix from any claims of third parties, arising from your culpable conduct in respect of your obligations under Section 6. 

  (5.7) You must reimburse the costs of legal defense against claims of third parties, as described in Sec. 6, paragraph (6) above. 

  6. Intellectual Property Rights

  (6.1) Privatix, especially our database, graphic elements and software used are protected by copyright. Any reproduction, modification, distribution or storage of Privatix or copyrighted Privatix information can be allowed only to the extent necessary for Privatix use. Any other use without our consent is prohibited. It also refers to any recording in electronic databases, and playback on CD, DVD etc. In particular, any private and/or commercial reproduction, modification and distribution is prohibited. 

  (6.2) In case of transmission or download of the source code or software, the user receives no right of ownership for corresponding copy. The user receives a non-exclusive right to use it during the term of the Terms. In case of termination of Privatix use, you are required to remove the program and the source code immediately. Since the right of using limited by personal use, you can not allow third parties to use Privatix via your account. 

  7. Accounts Suspension and control policy

  (7.1) We do not collect information about web services that you can access using Privatix. Thus, we do not accept any responsibility for the behavior of the user. 

  (7.2) In case of specific circumstances pointing to a violation by sections 5 and 6 of this Terms, we can respond, as described below, taking into account all the circumstances of the particular case and considering the interests of the user:

  When selecting the sanctions in such cases, we will pay enough attention to severity of the violation and the degree to which you are responsible for it.
  We will warn the user in each case, if it is appropriate.
  If the suspicions that the user is not able to meet the requirements of sections 5 and 6 are confirmed, we have the right to fully or partially block or delete an account. The user account, however, can be removed only in case of repeated violation of the Terms, or if it acts with intent to cause damage, or for the purpose of enrichment.
   

  8. Our Liability

  (8.1) Privatix encrypts your page views in order to protect your surfing and your communication. To do this, we are taking the measures that are set out in the description of services, Privacy Policy and the Terms. However, we can not guarantee that these measures can not and will not be completed by third parties, and that your information is absolutely safe from access by third parties. 

  (8.2) With respect to other damage, our liability in connection with the violation of important contractual obligations is limited to the damage that is typical in the performance of contractual services. 

  (8.3) In respect of all other damages and breaches of obligations, we and the staff we use to perform a task following our instructions, as well as employees we use to perform a specific task, as well as our legal representatives, are not responsible. 

  (8.4) In case of loss as a result of the user data damage, we do not accept any responsibility if such losses could have been avoided by regular, adequate and comprehensive copying of all relevant data by the user. 

  9. Paid services (Premium)

  With respect to paid services, the following provisions also apply to those mentioned above. 

  9.1. Agreement 

  (9.1.1) Contract of paid services shall enter into force on the date of registration in the system of payment by your choice, your acceptance of the Terms and our acceptance of the contract. 

  (9.1.2) Upon registration in Privatix and full entrance of the payment information into the system, you approve the mandatory tender offer to conclude a contract for the use of the relevant Privatix services. 

  (9.1.3) Our commitment shall happen not later than giving you the access to our paid Privatix services. 

  9.2 Costs 

  (9.2.1) Our description of services reflects all expenses related to our services and discounts. Prices include applicable statutory value-added tax (VAT). 

  (9.2.2) During the term of the subscription costs for recurring payments can be reduced or increased. 

  (9.2.3) There are the following modes of use:
  - Free;
  - Paid service or Premium;

  (9.2.4) Duration of the contract can not be suspended. Thus, in this case, recovery is not possible. 

  (9.2.5) We can offer various payment options without any obligations. 

  (9.2.6) The user can obtain a receipt (invoice), relating to his request in electronic form by e-mail upon request. 

  (9.2.7) In case the user does not fulfill his obligation to pay fees, we have the right to block the user's access to paid Privatix services. 

  9.3 Payments and Refunds: 

  (9.3.1) Payment methods:
  - Credit card, paypal – subscription (automatic renewal);
  - Other payment systems – one-time payments .

  (9.3.2) Privatix return the money within 30 days from the date of payment to users who are not satisfied. In the case of credit cards and paypal we will initiate the refund. In the case of other methods of payment the money will be sent to the same account within 7 days. 

  10. Privacy Policy

  (10.1) All information which regulates the collection, processing and use of personal data is contained in the Privacy Policy. 

  11. Technical Requirements

  (11.1) You need a computer or a mobile device with internet access to be able to use the Privatix Services. 

  (11.2) The Privatix browser extension needs a browser which Privatix is compatible with, otherwise the installation will fail. 

  (11.3) Privatix requires Internet access. Downloading and using Privatix can cause data transfer costs (charged by your ISP). The same applies to the use of Privatix and related services. 

  (11.4) Software Requirements:
  - Mobile phones - Android 5 and above, IOS 7 and above;
  - Computer - Windows 7 and above
  - Mac – MacOS 9 and above 

  12. Termination of Free services

  (12.1) Each of the parties has the right to refuse to use the free services at any time by removing the browser extensions, mobile applications or desktop software. 

  (12.2) Deletion of the account comes from the admin- panel or via contacting support. 

  13. Changes to our Terms

  (13.1) We can change the Terms at any time without explanation. Our Terms with amendments will be provided to the user in specified manner, possible through e-mail. 

  (13.2) The Terms with amendments shall be considered approved if the user does not object within one month after receipt of such notice. The objection must be presented in writing, for example via e-mail. 

  (13.3) If the User objects to the Terms with amendments, both parties are entitled to terminate the contract. In this case, the contract ends either immediately or upon expiration of the agreed contract period for the provision of paid services. 

  14. Risks acknowledgement

  (14.1) Offered goods and services are not provided on order of a person or company, who runs WebMoney Transfer System. We are an independent entity providing services and making decisions about pricing and offers ourselves. Companies, running WebMoney Transfer System do not receive any commission, interest fees or any other awards/refunds for the provided goods or services and are not liable for our activities. Verification done by WebMoney Transfer System only confirms the accuracy of our contact details and prove the identity. Verification is performed on our own intention and doesn't mean or show our connection with WebMoney System operators sales. 

  15. Official means of communication

  (15.1) The official means of communication is e-mail support@Privatix.com. 
  For convenience it is allowed to use any other means of communication, which are not official and published on contacts page 

  16. Final Provisions

  (16.1) The Parties agree that the laws of the Republic of Cyprus (EU) apply to the Terms and all legal disputes arising from the Terms. 

  (16.2) The Terms shall not be stored by us as a separate document. 

  (16.3) The contract is concluded exclusively in the Republic of Cyprus (EU). Contract Language - English. 

  (16.4) If individual provisions of this agreement are or become invalid or null and void, the validity of the remaining provisions shall not be affected. In this case, the invalid or invalidated provisions should be replaced with the relevant statutory provisions, in accordance with the law. 

  17. Legal information

  Company name: Privatix LTD 
  Reg.Number: HE 349889 

  Address: 
  69 Arch. Makariou III, TLAIS TOWER, 3rd floor, Office 301
  1070, Nicosia 
  CYPRUS

  Contacts:
  Email : support@privatix.com
  Phone / Fax : +(357) 2200-8399


text:
  By installing or using this add-on, you agree to the terms provided in the URL below:
  <a href="https://www.hide-my-ip.com/tos.shtml">https://www.hide-my-ip.com/tos.shtml</a>


text:
  MenEx (Menu Extractor) and all its images and source code, belongs to the authors. Please contact the authors if you want to use the sources of this addon.


text:
  END-USER AGREEMENT
  This End-User Agreement (hereinafter referred to as the "Agreement") is a legally binding agreement between you, either a natural or a legal person, hereinafter referred to as "you" and ABBYY.

  The Agreement regulates the use of the ABBYY Lingvo Live Service (hereinafter referred to as “Lingvo Live") and terms of the end-user service delivery by ABBYY.

  ABBYY reserves the right to amend unilaterally, in whole or in part, the terms of this Agreement without prior notice. Any amendments to this Agreement shall take effect immediately, unless stated otherwise in the Agreement. The text of this Agreement is available at: <a href="http://lingvolive.com/about/terms">http://lingvolive.com/about/terms</a>.

  By using the Services identified in this Agreement starting from the moment when you confirmed your acceptance of the terms of this Agreement, you acknowledge that you have read and understood the terms of this Agreement and agree to be bound thereby.

  1. DEFINITIONS

  "ABBYY" means:

  ABBYY USA Software House Inc., registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California 95035, USA, when paragraph 8.1 of this Agreement applies;
  ABBYY Production, registered at office 2, 12/9, 1st Tekstilschikov str., Moscow, Russian Federation, 109390
  "ABBYY Lingvo Live Service" comprises the following:

  Lingvo Live on IOS and Android means the mobile application service (Mobile Applications) provided to you by ABBYY USA Software House Inc. and means the collection of dictionaries and materials available on mobile applications under the name of Lingvo Live on App Store and Google Play.
  Lingvo Live Website means the collection of webpages and materials available at <a href="http://lingvolive.com">http://lingvolive.com</a> and/or <a href="http://lingvolive.ru/">http://lingvolive.ru/</a> that describe the Lingvo Live Service in detail.
  Registration procedure means a User filling out the Registration Form with subsequent activation of a Login and Password (it may also include e-mail address confirmation) or authentication through the accounts in certain third-party services (VKontakte, Facebook) at the Lingvo Live Service.

  Registration Form means the set of fields that a User must complete in order to become a registered user of the Lingvo Live Service. By completing the Registration Form, each User obtains a unique Login and Password.

  "Login and Password" means two unique strings that a User provides during Registration on the Lingvo Live Service, with the Login being their e-mail address. The combination of these two unique sets of characters identifies you and enables you to pay for products and services available on the Lingvo Live Service. Some of the features of the ABBYY Lingvo Live Service are not accessible to unregistered users. The login is the e-mail address provided by the User.

  Interface Languages are the languages in which the basic texts of the Websites are written. The currently available Interface Languages are Russian and English. The abbreviated name of the Russian Interface Language is "Рус", the abbreviated name of the English Interface Language is "Eng".

  Profile means the operational settings of the Portal that become available to each User upon Registration. Your Profile becomes accessible to you after you enter your Login and Password. Your Profile can be accessed by clicking on the link bearing the name "Profile," or its equivalent in the current Interface Language, on any page of the ABBYY Lingvo Live Service.

  User Data means any dictionary material, phrases, word combinations, translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, audio files, video files, image files, messages, comments, and/or any other content uploaded by you and/or other users to any website or a mobile application of the ABBYY Lingvo Live Service.

  2. SUBJECT MATTER

  2.1.1. This Agreement sets forth the terms of use of the ABBYY Lingvo Live Service.
  2.1.2. This Agreement becomes effective upon your first use of the Service, or upon your acceptance of the terms of this Agreement. This Agreement continues in effect until the Service is no longer available. If you disagree with the terms hereof, do not use the Services.
  3. OBLIGATIONS OF THE PARTIES

  3.1. ABBYY's rights and obligations
  3.1.1. ABBYY provides you access to the ABBYY Lingvo Live Service.
  3.1.2. ABBYY reserves the right to change the Service, or products available via the
  Websites or the Mobile Applications any time without prior notice.
  3.1.3. If ABBYY has reasons to believe that a User is taking steps or intends to take steps that are in breach of paragraphs 3.2 or 3.3 of this Agreement; steps aimed at disrupting the operation of the Service and/or Websites/Mobile Applications; steps aimed at publishing information on the Service and/or Websites/Mobile Applications that are in breach of this Agreement and/or applicable laws or information that discredits ABBYY's reputation; steps that otherwise cause damage to ABBYY or other users of the ABBYY Lingvo Live Service; or that you have asked other users to perform any of those steps, then ABBYY may, without providing any reasons, block your access to the Service and/or Websites/Mobile Applications by blocking your Login or IP address and perform any or all of the following: a) refuse to accept any of your User Data that you may attempt to upload to the Service and/or Websites, (b) block access to your User Data, and (c) delete any of your User Data at any time.
  3.1.4. ABBYY may interrupt or permanently terminate the Services and/or Websites/Mobile Applications at any time without prior notice. Such interruption or termination may be caused by maintenance work, by circumstances beyond the reasonable control of ABBYY, by crashes of software or hardware owned by third parties, or by actions of third parties aimed at interrupting or terminating the operation of the Service and/or Websites/Mobile Applications.
  3.1.5. Upon your Registration with the ABBYY Lingvo Live Service, ABBYY may send you e-mail messages with news about ABBYY and ABBYY products and services, special offers, tips on using ABBYY products, and other information related to ABBYY's activities, provided that you explicitly agreed to receive such e-mail messages from ABBYY during Registration. You may remove your e-mail address from ABBYY's mailing list at any time by clicking Unsubscribe link on the e-mail message.
  3.1.6. ABBYY may restrict the use of the Service and Websites/Mobile Applications, including the allowed period of use and allowed uses of the data available thereon.
  3.1.7. ABBYY may publish on the Websites/Mobiles Applications of the Service advertisements and any other content permitted by applicable laws.
  3.1.2. You may use the ABBYY Lingvo Live Service, its Mobiles Applications and Websites under the terms of this Agreement.
  3.2.2. You may register with the ABBYY Lingvo Live Service by completing the Registration Form and activating your Login and Password in order to be able to pay for products and services available via the ABBYY Lingvo Live Service and to be able to access the features that become available after you sign in to the ABBYY Lingvo Live Service using your Login and Password. You agree to provide accurate information about yourself in the fields of the Registration Form.
  3.2.3. After Registration, you may sign in to the ABBYY Lingvo Live Service using your Login and Password. You shall be solely responsible for the safekeeping of your Password and for any actions performed under your Login. You shall immediately inform ABBYY of any instances of unauthorized access to the ABBYY Lingvo Live Service under your Login and Password and/or of any other security breach that comes to your attention.
  3.2.4. You warrant that you have all the necessary rights to transfer or upload User Data to the Service and/or Websites/Mobile Applications, and that your doing so does not breach any applicable laws and/or rights of a third party. You shall be fully liable for any such transfers and uploads and for any damage that may be caused by such transfers and uploads.
  3.2.5. You agree to be responsible for all of your User Data, either made publicly available or transferred privately to another user.
  3.2.6. If you discover on the ABBYY Lingvo Live Service any information that violates applicable laws or your rights, information that you find offensive, information that discredits you or your business reputation or is otherwise damaging to you, you may notify ABBYY about such information by writing to the following e-mail address: support@abbyy.com. ABBYY will deal with this notification in accordance with the procedure set forth in paragraph 9.8 of this Agreement.
  3.2.7. You may use the ABBYY Lingvo Live Service, the Service and/or Websites/Mobile Applications located on it, and results obtained through their use solely for lawful purposes. You may not perform or help others to perform the following actions:
  - copy any of the design elements of the Service and Websites/Mobile Applications or copy any other materials that may not be copied under the terms of this Agreement without the prior written consent of ABBYY;?
  - upload or publish in any other way, any materials which are illegal, harmful, threatening, offensive, or libelous; which infringe the copyright of a third party; which incite hatred and/or discrimination based on race, ethnicity, gender, or social status; which contain pornography; which violate the rights of a third party or incite others to violate the rights of a third party; which defame any persons or discredit their business reputation; which violate the rights of minors and/or are damaging to minors in any way; or any other similar materials;?
  - impersonate another person or a representative of an organization, including ABBYY employees and forum moderators, or make misleading statements about the properties and characteristics of any subjects or objects;?
  - upload, or publish in any other way materials which you are not allowed to make public by applicable laws or which violate applicable laws;?
  - upload viruses or any other harmful data which may in any way disrupt the operation of the Service or Websites/Mobile Applications;?
  - collect information and/or interact with the Service and/or Websites/Mobile Applications by means of automated scripts or software;?
  - use other users' Logins to sign in to the ABBYY Lingvo Live Service;?
  - collect and store personal data of other users of the Service and/or Websites/Mobile Applications;?
  - disrupt the normal operation of the ABBYY Lingvo Live Service;?
  - register with the ABBYY Lingvo Live Service under multiple Logins.
  3.2.8. The user has the right to cease relations with ABBYY at any time by means of refusing to use the Websites/Mobile Applications and Services.
  3.2.9. You assume full responsibility and all risks arising from your use of the ABBYY Lingvo Live, its Service and Websites/Mobile Applications.
  3.2.10. You may not use or help others to use the ABBYY Lingvo Live Service to provide services to third parties enabling them to translate words, word combinations and/or sentences; to access the online dictionaries, dictionary entries, collections of sentences, collections of texts, translations, usage examples, audio files, video files, and image files, either free of charge or for a fee. You may not provide or allow others to provide the results or access to the results obtained through the use of the ABBYY Lingvo Live Website or Mobile Applications to third parties as part of another service.
  3.2.11. You agree that any User Data that you publish on the ABBYY Lingvo Live Website/Mobile Applications will be available to other users of the ABBYY Lingvo Live Websites/Mobile Applications.
  3.2.12. You shall publish User Data on the ABBYY Lingvo Live Website/Mobile Applications only under the name or Login that you specified on the Registration Form or in the Profile.
  3.2.13. You agree that any User Data that you may publish on the ABBYY Lingvo Live Website/Mobile Applications may be used by ABBYY without your explicit consent to create and/or to update resources available on the ABBYY Lingvo Live Service, including dictionaries and advertising materials published on the ABBYY Lingvo Live Service or on the Internet, unless your explicit consent is required by applicable laws. Whenever it is required by the applicable laws, the use of the Personal Data by ABBYY is outlined in a separate agreement, which each user accepts when providing such Personal Data. In all other cases, each user agrees that the Personal Data they provide may be used by ABBYY without asking for separate permission.
  3.2.14. You agree that ABBYY may restrict the use of the ABBYY Lingvo Live Website/Mobile Applications, including the allowed period of use and allowed uses of dictionaries, dictionary entries, collections of sentences, and collections of texts, and introduce paid-for services that involve accessing any part of the ABBYY Lingvo Live Service.
  3.2. Your rights and obligations
  4. PRICES AND PAYMENT

  4.1. The ABBYY Lingvo Live Services are free of charge whenever allowed by applicable laws. Some Lingvo Live Services and/or their extended versions may be paid at the discretion of ABBYY.
  4.2. ABBYY may change the prices and the payment procedure at any time.
  5. LIMITED LIABILITY

  5.1. ABBYY shall not provide you with an Internet connection or with any hardware and software required to connect to the Internet, and ABBYY shall not be liable for the quality of your Internet connection or the quality of the hardware and software that you use to access the Internet. ABBYY shall not be liable for any malfunction or other problems in telephone networks or services, computer systems, servers, providers, computer hardware, software, or telecoms equipment, or for any malfunction in the operation of e-mail services and scripts, no matter the cause.
  5.2. You acknowledge that your information will be transmitted over a non-secure public computer network and that ABBYY shall not be liable for any loss of information transmitted in this manner.
  5.3. ABBYY shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any of your data.
  5.4. ABBYY does not guarantee that: 
  - the Services and/or Websites meet Your requirements or are fit for any particular purpose;?
  - the materials available on the Websites and/or the results obtained through the use of the Services are accurate, complete, or useful;?
  - the operation of the Services, Websites and the provision of services via the ABBYY Online Portal will be continuous, uninterrupted, or free from error;?
  - any data obtained through the use of the Services, or any information, materials or answers published on the Websites, or any hyperlinks will always be available on the Websites;?
  - the quality of any product, service, work or data obtained through the use of the ABBYY Online Portal will meet your expectations;?
  - all errors on the Services and/or Websites will be corrected.
  5.5. The Services, Websites and all the information therein are provided to you "as is," with any errors or omissions. All links to third-party products, works or services are provided for informational purposes and shall not be taken to imply that ABBYY endorses or recommends such products, works or services.
  5.6. Under no circumstances shall ABBYY be liable for any damages suffered by you as a result of use or inability to use the Services and Websites, or caused by errors, interruption of service, removal of files, change in functionality, defects, delays in data transfer and the like, no matter the cause.
  5.7. ABBYY is under no obligation to review materials or information that users may publish on the Websites, send by e-mail or transmit in any other way in the course of using the Services. And does not guarantee their truthfulness, accuracy, completeness, timeliness and quality, as well as the extent to which they meet your requirements and needs, and is not responsible for any such information or materials, as well as the User's actions.
  5.8. Under no circumstances shall ABBYY be responsible for Personal Data published by you and/or other users on the Websites, as well as for the privacy of such Personal Data.
  5.9. In any case, ABBYY's responsibility is limited to 10,000 (ten thousand) rubles or its equivalent in foreign currency according to the currency rate as set by the Central Bank of the Russian Federation as of the date of payment, and may be laid to ABBYY in case any faults or violations from ABBYY. Under no circumstances shall ABBYY be liable for any actions by users of the Services and/or Websites.
  6. COPYRIGHTS AND TRADEMARKS

  6.1. All product names are the trademarks or registered trademarks of their respective owners.
  6.2. All ABBYY trademarks are the intellectual property of ABBYY and are provided only for reference. ABBYY does not grant you any rights to use these trademarks.
  6.3. All the third-party trademarks referred to in this Agreement are the intellectual property of their respective owners.
  7. LINKS TO THIRD-PARTY WEBSITES

  7.1. For your convenience, the ABBYY Lingvo Live Service may provide hyperlinks to third-party websites owned and maintained by legal and/or natural persons. ABBYY does not provide a warranty of any kind with respect to any website available by clicking on its respective hyperlink on the ABBYY Lingvo Live Service. You understand and agree that ABBYY is in no way responsible for the content of such third-party websites. ABBYY does not make any recommendations as to the merits of such third-party websites nor does it advise you to make use of their content.
  7.2. Any references to third-party products or services that may be published on the ABBYY Lingvo Live Service are provided only for your convenience. Any mention of third-party products or services is for informational purposes only. ABBYY makes no recommendations as to the merit of such third-party products or services.
  8. GOVERNING LAW

  8.1. If you use the Services and Websites in the United States, Canada, Mexico, Belize, Costa Rica, El Salvador, Guatemala, Honduras, Montserrat, Nicaragua, Panama, Turks and Caicos Islands, Virgin Islands, Taiwan or Japan, this Agreement shall be governed by and construed in accordance with the substantial laws in force in the State of California, United States of America. Proceedings arising out of or relating to this Agreement shall be brought exclusively in the federal court and/or state courts for the County of Santa Clara or the County of Alameda in and of the State of California in the United States of America. You acknowledge that if you use the ABBYY Lingvo Live in the United States of America, the Services and Websites/Mobile Applications are provided to you by ABBYY USA Software House Inc. You acknowledge that if you use the ABBYY Lingvo Live Website in the Russian Federation, the Service is provided to you by ABBYY Production, ltd. and this Agreement shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation.
  9. PAYMENTS

  All rights and privileges provided herein to You under this Terms of Service are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to ABBYY Lingvo Live, provided however, that ABBYY Lingvo Live expressly reserves the right to provide the Services free of charge during the Term, and further provided, that ABBYY Lingvo Live, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Services for a fee.

  ANY FEES PAYABLE TO ABBYY LINGVO LIVE FOR USING THE SERVICES AND ABBYY LINGVO LIVE’S CONTENT ARE NON-REFUNDABLE. ACCEPTING THESE TERMS OF SERVICES YOU AGREE TO SPEND ALL PAYMENTS ONLY FOR A LIMITED SCOPE OF SERVICES AND CONTENT.

  ABBYY Lingvo Live reserves the right to change prices and service fees on it’s own discretion. Submitting a payment towards ABBYY Lingvo Live does not reserve any price or fee for the date of submission. You are not entitled to demand any service or content from ABBYY Lingvo Live for any price other than actual.

  10. MISCELLANEOUS

  10.1. You acknowledge that when you use the Services, all data about your use of the Services are automatically logged on ABBYY's servers, including the times when you visit or leave the Websites and the following data about your system: the type of your browser, your IP address, the date and time of access, cookie files, and the addresses of the pages that you accessed. as well as the history of your requests and orders.
  10.2. You agree that the data specified in paragraph 10.1 above and the information you provide upon Registration or upon your first use of the Services may be used, collected, systematized, stored, updated, modified, distributed, transferred, depersonalized, blocked or destroyed under the terms of the Privacy Policy, which is an integral part of this Agreement and is available in the Privacy section at <a href="http://www.abbyyonline.com/">http://www.abbyyonline.com/</a> in each of the Interface Languages.
  10.3. You agree to provide ABBYY with your personal information, including your first and last name; year, month, and date of birth; e-mail address; and/or other information which may be deemed personal under applicable laws. You acknowledge and agree that ABBYY may use, collect, systematize, update, modify, depersonalize, block, destroy or indefinitely store your personal information in a digital format or on a paper medium for the purposes of providing you with the services and sending you information or marketing materials by e-mail. Your consent to such use of your personal information by ABBYY is time-indefinite and may be revoked by sending a revocation to support@abbyy.com or by changing the corresponding setting in your Profile on the ABBYY Lingvo Live Service. In the event you revoke your consent by using any of the above methods, the consent shall be deemed revoked within thirty (30) working days from the day of receipt of the revocation by ABBYY.
  10.4. ABBYY may assign its rights and obligations hereunder to third parties without your consent.
  10.5. ABBYY may terminate this Agreement unilaterally at any time, including if you are in breach of any of its terms.
  10.6. You may contact ABBYY by e-mail at support@abbyy.com. ABBYY may contact you by e-mail at the address you provide when registering with the ABBYY Lingvo Live Service or Facebook.
  10.7. In the event of lawsuits, claims or other proceedings arising out of your use of the ABBYY Lingvo Live Service of ABBYY, you shall notify ABBYY of such claims or lawsuits within three (3) days from the day when you learned of such claims or lawsuits. Furthermore, you shall make all reasonable effort to aid ABBYY in defending itself against such lawsuits and/or claims and, within seven (7) days of a request, provide ABBYY with information that may be necessary to settle such claims and/or lawsuits.
  10.8. The following procedure shall be observed to resolve any dispute arising between you and ABBYY out of use of the Services and Websites. If you have reasons to believe that your rights and interests have been violated in connection with the use of the Services and/or Websites/Mobile Applications, you should send a complaint to ABBYY at support@abbyy.com. ABBYY shall respond to the complaint within twenty (20) working days of receipt of the complaint. The response shall be sent to your e-mail address as indicated in the complaint. If the parties fail to resolve the dispute in this manner, the dispute shall be resolved as set forth in Section 8 of this Agreement. ABBYY shall not respond to anonymous complaints or complaints from users who cannot be identified based on the information they provided during Registration.
  10.9. You agree that if you are in breach of this Agreement, ABBYY may terminate your Login and Password and delete any User Data published by you on the Websites. Furthermore, you agree that ABBYY may terminate the provision of Services at any time without prior notice. In this event, ABBYY shall refund you the price of any unused services that you may have purchased.
  10.10. If any provision of this Agreement is found to be invalid by a court, this shall not affect the validity of the remaining provisions.
  11. USE OF GOOGLE SERVICES ON LINGVO LIVE.

  ABBYY constantly improves and develops the Services provided for end users.

  In addition to ABBYY's own technologies, we can also provide you, upon your consent, certain third-party technologies and services in order to improve the user experience and better meet the customer needs in our Services for end users.

  In light of this, ABBYY informs you that with your permission it will use Google Analytics, including the User ID functionality and Google Analytics for Advertisers during your use of Services.

  Google Analytics is a service provided by Google that helps website and application owners assess the activity of their visitors. Despite the fact that Google Analytics may use cookie files to collect information and statistics, Google does not receive any user-specific personal information.

  A cookie file is a small piece of text that is passed to your browser from the website you've visited. This helps the websites remember your preferences, such as your language settings. This functionality will be useful when you visit these websites again. The cookie files make website browsing for more convenient.

  If you agree with this, then you agree with all applicable practices, policies, terms and conditions, including, but not limited to, the the following ones.

  However, you should understand that Google may change these policies from time to time.

  For more details about Google Analytics, refer to the following link: <a href="http://www.google.com/intl/en/analytics/">http://www.google.com/intl/en/analytics/</a>.

  For more details about the features of Google Analytics currently used by ABBYY, refer to the following link: <a href="http://www.google.com/intl/en_us/analytics/features/analysis-tools.html">http://www.google.com/intl/en_us/analytics/features/analysis-tools.html</a>.

  For more details about User ID features, refer to the following link: <a href="https://support.google.com/analytics/answer/3123662?hl=en">https://support.google.com/analytics/answer/3123662?hl=en</a>.

  For more details on the security and privacy principles of Google Analytics, refer to the following link: <a href="https://support.google.com/analytics/answer/6004245?hl=en">https://support.google.com/analytics/answer/6004245?hl=en</a>.

  For more details on Terms of Use of the advertising features in Google Analytics, refer to the following link: <a href="https://support.google.com/analytics/answer/2700409?hl=en">https://support.google.com/analytics/answer/2700409?hl=en</a>.

  For more details about Google and General Terms and Conditions of Google, refer to the following public link: <a href="http://www.google.com/intl/en/policies/terms/">http://www.google.com/intl/en/policies/terms/</a>.

  To learn more about the current Google Privacy Policy, refer to the following public link: <a href="http://www.google.com/intl/en/privacy.html">www.google.com/intl/en/privacy.html</a>.

  To learn more about how Google services collect and process the information (i.e., use the data), refer to the following link: <a href="http://www.google.com/policies/privacy/partners">www.google.com/policies/privacy/partners</a> or any other URL provided by Google from time to time.

  You also have the right to not to permit ABBYY use of Google Analytics during your usage of the Services in one of the following ways: 1) do not agree with ABBYY's use of Google services, including, but not limited to, Google Analytics Services, Google Analytics for Advertisers, and matching your sessions on the Portal via User-ID; 2) change your personal ad preferences; or 3) enable Google Adblock. To learn more about how to manage your advertising settings, refer to the following link: <a href="https://support.google.com/adsense/troubleshooter/1631343?hl=en">https://support.google.com/adsense/troubleshooter/1631343?hl=en</a>.

  You can change your ad preferences with the following link: <a href="http://www.google.com/settings/ads">http://www.google.com/settings/ads</a>.

  To read more about Google Adblock, refer to the following link: <a href="https://support.google.com/analytics/answer/181881?hl=en">https://support.google.com/analytics/answer/181881?hl=en</a>. To install Google Adblock, use the following link https://tооls.gооgle.соm/dlpаge/gаоptоut.

  You must agree or disagree with ABBYY's use of Google services, including, but not limited to, Google Analytics Services, Google Analytics for Advertisers, and matching your sessions on the Portal via User-ID during your use of Services. We, in turn, will provide you our Services with respect to your agreement or disagreement with these Terms and Conditions. You can change your decision at any time in your Profile.


text:
  Please see <a href="http://www.learnmax.com/html/usage_agreement.asp">http://www.learnmax.com/html/usage_agreement.asp</a>


text:
  IMPORTANT! READ THIS END USER LICENSE AGREEMENT.
  By installing or using the software, you agree to all terms and conditions set out in this agreement. You should carefully read this agreement before installing or using the software. If you disagree with the terms and conditions of this agreement, you are not allowed to install or use the software.

  End User License Agreement

  I.	License

  1.	This License agreement is an agreement between "Apis Europe" JSC, as the owner of the software product "Link Detector", on the one hand, and you, as the end user of the software product, on the other hand. If you disagree with the terms and conditions set out in the present Agreement do not install, copy or use in any other way this software product.

  2.	"Link Detector" is a free software add-on (extension) to the browsers Internet Explorer®, Mozilla Firefox® and Google Chrome™ as well as to the text editor Microsoft® Word, which assists the user by recognising and building links from the viewed and / or edited documents by him to documents in the online-based information product platforms APIS Web and EuroCases.

  3.	The license for the use of "Link Detector" DOES NOT ENCOMPASS A LICENSE (the right of use) of any of the information products contained in the product platforms APIS Web and EuroCases. A separate license is required for the use of APIS Web and EuroCases, whereby use also includes their use by means of the functionality of the "Link Detector".

  4.	If you install, copy or use in any other way some version or other components of the      software product that you received as a separate part of the software product, you will be bound by the additional license conditions that are associated with these new versions. If you disagree with the additional license conditions associated with these new versions, do not install, copy or use in any other way these versions.

  II.	Copyright

  5.	"APIS Europe" JSC enjoys full and exclusive ownership over the software product "Link Detector" and as such "Link Detector" is protected by laws for the protection of intellectual property of the Republic of Bulgaria as well as by the respective provisions of international agreements.



  III.	Rights and obligations of users

  6.	The user is obliged:

  •	Not to sell, lease, sublicense, distribute, loan or provide in any other way the use of the software product to others;

  •	Not to modify, adapt, decompile and disassemble the executable code of the software product as well as not to try in any way to find the original source code;

  •	Not to use the functionality of the product by placing links to databases with legislation and case-law or to other information databases for the creation, maintenance and / or commercial use of his own information products and / or services without the express written consent of "Apis Europe "JSC.

  7.	The software product "Link Detector" is available for free download from the following website of "APIS Europe" JSC: <a href="http://eurocases.eu/linkdetector">http://eurocases.eu/linkdetector</a>. The user may install it as an extension to each of the browsers mentioned in Pt. 2 as well as word processors on any number of computers.

  8.	The user does not owe any payments to "APIS Europe" JSC for the use of the software product.

  9.	The user agrees that:
  •	For full use of all the functions of the software product "Link Detector" it is necessary that the user has a stable Internet connectivity;

  •	The functionality of the software product "Link Detector" is limited to the establishment of links and lists of documents, but does not entail the right of access to documents of the various products in the systems APIS Web and EuroCases. The right of access to those documents is governed by separate license agreements. 


  IV. Limited Warranty and Support

  10.	"APIS Europe" JSC ensures that its team has exerted utmost reasonable care and diligence with a view to the smooth use of the software product "Link Detector" as defined in Pt. 2 regarding its purpose. However, the software product is provided "as is". "APIS Europe" JSC does not guarantee that the software product contains no errors and it bears no responsibility for the occurrence of any direct or indirect damages caused by possible errors in the software.
  11.	"APIS Europe" JSC will seek to develop new versions and maintain the software product up to date in accordance with the legal requirements and state of the art technology. However, "APIS Europe" has the right at any time to discontinue the maintenance of the software product without due compensation or damages for the user. At the same time, "APIS Europe" JSC does not assume any obligations with respect to developing new versions and updates of the software product, even in cases where errors were found in the software.
  12.	The user may send suggestions, questions and comments related to the software product to the following email address: office@eurocases.eu. They will be considered, but their processing’s priority will depend on the type of suggestion, question or comment. The team of "APIS Europe" JSC does not envisage specific deadlines for responding to the enquiries.

  V. Data Processing

  13.	The setting of links from the software product "Link Detector" in the user’s browser or in the documents that are being edited by him in his word processor is done by checking the text of the document from a web service provided by a server of "APIS Europe" JSC. For this purpose, "Link Detector" sends the document’s text to the web service after which it displays the same text, but with links to the systems APIS Web and EuroCases.
  14.	All communications in the sending and receiving text of a document between a server of "APIS Europe" JSC and a client’s application (browser or word processor) is done through an encrypted connection based on SSL (Secure Socket Layer) protocol and in this way a reliable protection of exchanging information from unauthorised interception and/or tampering is secured.
  15.	"APIS Europe" JSC declares that the texts sent to the web service of the APIS server are used solely for the purposes of the functionality associated with the identification and setting of links and references. The texts of the documents ARE NOT stored on the server and their information, including also potentially contained personal data, is not subject to further processing and/or use.
  16.	"APIS Europe" JSC declares that it DOES NOT collect any data related to user authentication and/or identification as well as the software and hardware used by him.

  VI. Termination of the License Agreement

  17.	"APIS Europe" JSC has the right to terminate this Agreement upon a breach of its terms and conditions by the user.
  18.	The user may terminate this Agreement at any time by uninstalling the software product and deleting all its copies.

  VII. Applicable law

  19.	This License agreement and any disputes arising out of it or the use the software product is subject to the laws of the Republic of Bulgaria. All disputes arising from this License agreement fall within the jurisdiction of the competent Bulgarian court which has an exclusive competence over all such disputes.


text:
  The AdBlocker Project - Privacy Policy

  1. General

  1.1. The AdBlocker Project (the "AdBlocker") is an ad blocker extension to your internet browser with a social value. After its installation, AdBlocker will block the appearance of ads while surfing the internet with an internet browser containing the AdBlocker, except ads by publishers who agreed to donate some of their revenue to voluntary non-profit organizations or crowdfunding projects appearing on our list (each a " Donation Receiver").

  1.2. AdBlocker is owned and operated by Brookesia Ltd. ("Brookesia"). For the purpose of these Terms &amp; Conditions, 'us' 'we' and 'our' refers to Brookesia.

  1.3. Brookesia respects your privacy and the following is a more detailed description of the information that Brookesia collects about you ( "You" or the "User") and how we use it.

  1.4. In this policy we explain how we will treat your personal information.

  1.5. The use of the AdBlocker constitutes your agreement to the Privacy Policy published on the Website.

  1.6. This Privacy Policy together with the Terms &amp; Conditions (collectively the "Agreement") constitutes a binding agreement between you and Brookesia. If you do not agree to the terms of the Agreement - do not make any use of the Website. Please read this Privacy Policy and the Terms &amp; Conditions carefully.

  2. Introduction

  2.1. The AdBlocker installed on your computer automatically receives and records information from your browser when you surf the internet using a browser containing the AdBlocker extension. We may combine this automatically collected information with other information we collect about you. This information helps us to prevent fraud, provide certain functions and Services (as further described in Terms &amp; Conditions) and keep the AdBlocker secure and functioning.

  2.2. All the use of your privacy detail is subject to Israeli law.

  3. Collecting Personal Information

  3.1. We may collect, store and use the following kinds of personal information with respect to your use of a browser containing the AdBlocker: your IP number, visited URLs, ads or URLs of advertising services that websites will try and may present on your internet browser, ads blocked from websites you surf, your location and the language of your internet browser.

  3.2. The data we collect is anonymous, to the extent possible.

  3.3. Your IP number will be stored on our servers upon installation of the AdBlocker. Following the installation, each user will receive an internal user number which will not be connected to the user's IP number.

  3.4. AdBlocker will use certain filters available on the following website: <a href="http://AdblockPlus.org">AdblockPlus.org</a>. When using the AdBlocker, you computer will send requests to <a href="http://AdblockPlus.org">AdblockPlus.org</a> servers which may also collect certain personal information. Please review the relevant terms of use and private policy available at: <a href="http://www.AdblockPlus.org">www.AdblockPlus.org</a>.

  3.5. Information collected and stored by us will be removed when no longer required.

  4. Using Personal Information

  4.1. We use the personal information we collect in order to provide and improve our services, detect, prevent, mitigate, and investigate fraudulent or illegal activities, provide certain functions and Services (as further described in Terms &amp; Conditions) and keep the AdBlocker secure and functioning.

  4.2. For various reasons, we may send you messages about our services or your activity. Some of these messages are required for service-related matters.

  5. Disclosing Personal Information

  5.1. We will not share your personal information with companies or individuals outside of Brookesia.

  5.2. Except as provided in this policy, we will not share your information with third parties except as described in this Privacy Policy.

  5.3. Except as set forth above, we will not disclose your personal information without your consent, unless we have reasonable grounds to believe that access, use, preservation or disclosure of such information is reasonably necessary (a) under any applicable law, regulation, legal process or enforceable governmental request; (b) enforce applicable Terms &amp; Conditions, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against imminent harm to the rights, property or safety of the AdBlocker, its users or the public as required or permitted by law.

  6. Interaction with Other Websites; Updates

  6.1. The AdBlocker may interact with other websites (the "Linked Sites") which are not operated by Brookesia, as shall appear in this Privacy Policy from time to time.

  6.2. Some of such interactions are periodical checks for updates of all your extensions, including AdBlocker. Some general information, such as browser version, extension version, operating system and your IP address, are transmitted during an update check to the distributer from which you downloaded the AdBlocker. For example: AdBlocker updates for Chrome are handled by the Google Web Store website and are subject to the Google Privacy Policy.

  6.3. Brookesia has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your disclosure of any information in any Linked Site is subject to the Privacy Policy within each such site.

  7. International data transfers

  7.1. INFORMATION THAT WE COLLECT MAY BE TRANSFERRED THROUGH COUNTRIES WHICH DO NOT HAVE DATA PROTECTION LAWS.

  7.2. YOU EXPRESSLY AGREE TO THE TRANSFERS OF PERSONAL INFORMATION DESCRIBED IN THIS SECTION.

  8. Extension Updates

  Your browser periodically checks for updates of all your extensions including The AdBlocker. Some general information, such as browser version, extension version, operating system and your IP address, are transmitted during an update check.

  9. Retaining personal information

  9.1. This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

  9.2. We will retain documents (including electronic documents) containing personal data:

  9.2.1. To the extent that we are required to do so by law;

  9.2.2. If we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

  9.2.3. In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

  10. Amendments

  10.1. We may amend the terms of the Privacy Policy from time to time, without prior notice.

  10.2. You should read the Privacy Policy prior to any use of the AdBlocker and make sure you agree to the terms of the Privacy Policy.

  10.3. Your continued use of the AdBlocker after any such amendment of the Privacy Policy constitutes acceptance of the relevant changed or new terms of the Privacy Policy.

  10.4. We advise that you will copy and store a copy of our Privacy Policy language from time to time for future reference.

  Last updated: April 27, 2016.


text:
  Version: April 13, 2017 – PMP
   
  <b>Protect my Plans is a service provided by 
  Directive Communication Systems, Inc. </b>


  1. Use of Platform and License.

  1.1. License. Subject to the terms and conditions of this Agreement, Directive Communication Systems, Inc. ("DCS") grants to Client and Client's authorized attorney(s) ("Licensees") a nonsublicensable, nontransferable, nonexclusive limited license to access and use DCS's online platform and services located at <a href="https://app.directivecommunications.com">https://app.directivecommunications.com</a> (the "Platform"). Licensees shall use the Platform and any documentation or other information related thereto that is received from DCS or its representatives solely in connection with Client's personal accounts and for no other purpose, including commercial and business accounts and/or applications. Licensees acknowledge and agree that use of the Platform is governed by this Agreement and by DCS's Privacy Policy (<a href="http://www.directivecommunications.com/privacy);">http://www.directivecommunications.com/privacy);</a> provided however that, to the extent the terms of this Agreement conflict with any terms of the Privacy Policy, the terms of this Agreement shall supersede such conflicting terms. Licensees acknowledge and agree that the Platform may incorporate functions that will inhibit Licensees from exceeding the scope of this license.

  1.2. Restrictions. Licensees shall not: (a) use the Platform, any documentation or other information provided by DCS hereunder, to create any similar software or documentation; (b) reproduce or modify the Platform or any portion thereof, or embed the Platform or any portion thereof into any commercial product of Licensees; (c) sublicense, rent, sell, loan, lease, disclose, display, distribute, or otherwise transfer the Platform, or any portion thereof, or use it for timesharing, rental or service bureau purposes, or do so for the benefit of a third party; (d) remove or obscure any proprietary notices on the Platform, and shall reproduce such notices exactly on all permitted copies of the Platform; or (e) copy, reverse assemble, reverse compile or reverse engineer the Platform, or any portion thereof, or otherwise attempt to discover any Platform source code, or otherwise circumvent any technological measure that controls access to the Platform.

  1.3. Ownership. Title to and ownership of the Platform and all copies thereof shall be and at all times remain in DCS. No ownership of the Platform is transferred by this Agreement. Any reports, developments, recommendations or modifications made by DCS or Licensees relating to the Platform ("Feedback"), whether or not influenced or suggested by Licensees, are the sole property of DCS. Licensees hereby assign and agree to assign to DCS any interest Licensees have or may acquire in any of the foregoing, as well as all related intellectual property rights; and will cooperate to perfect or further evidence such assignments. All Feedback shall be DCS's sole property and shall constitute DCS's Confidential Information (as defined below).

  1.4. Support. Licensees shall notify DCS by telephone or electronic mail to the contact designated from time to time by DCS upon the discovery of a material error or difficulty in respect of use of the Platform. DCS may in its sole discretion attempt to resolve such error, but shall be under no obligation to do so.

  1.5. Additional Terms of Service. DCS shall be permitted to contact Licensees by email, regular mail or courier, or other methods of written communication in connection with annual renewal of Licensees' subscription and invoicing. In the event of automatic annual renewal, DCS shall be permitted to charge any credit or debit card, or by any other means of electronic payment, provided to DCS by Licensees without Licensees' further authorization. 

  2. Confidentiality. Licensees acknowledge that, in the course of using and accessing the Platform and performing Licensees' duties under this Agreement, Licensees may obtain or develop information relating to the Platform and/or to DCS ("Confidential Information"), including, but not limited to the software, code, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), trademarks, service marks, copyrighted or copyrightable materials, and other technical, business, product, marketing, financial and customer information, plans and data. During and after the term of this Agreement, Licensees shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Confidential Information, unless such Confidential Information becomes publicly known without breach of this Agreement by Licensee. Licensees shall not, without the prior written consent of DCS, disclose or otherwise make available the Platform, Feedback, documentation or other supporting materials, including any information relating to the performance or operation of the Platform (including any testing results, opinions, benchmarking or other evaluation conclusions), or copies thereof to any third party. Licensees acknowledge and agree that due to the unique nature of DCS's Confidential Information, there can be no adequate remedy at law for any breach of Licensees' obligations hereunder, that any such breach may allow Licensees or third parties to unfairly compete with DCS resulting in irreparable harm to DCS, and therefore, that upon any such breach or threat thereof, DCS shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.

  3. Platform Data. Any information that Licensees provide as part of the registration and use of the Platform (the "Platform Data") is the Licencees' property and DCS does not claim any ownership of the copyright or other proprietary rights in such information. DCS will not be in any way responsible or liable for the veracity of Platform Data. Notwithstanding the foregoing, Licensees agree that DCS may use any Platform Data as reasonably necessary for or incidental to or in connection with its operation of the Platform and its business, including without limitation disclosing certain Platform Data to third parties in connection with the provision of the services provided by DCS in connection with the Platform, and as described in this Agreement and the DCS Privacy Policy at <a href="http://www.directivecommunications.com/privacy">http://www.directivecommunications.com/privacy</a>. For such limited purposes, Licensees grant DCS the non-exclusive, royalty-free, worldwide, transferable, perpetual, irrevocable right, with right to sublicense, to use and disclose the Platform Data in the manner described in the Privacy Policy.

  4. Term and Termination. This Agreement shall commence on the date Licensees (or an authorized representative on Licensees' behalf) clicks the "ACCEPT" button below and shall continue in effect until terminated by either party. Licensees may terminate this Agreement and the license granted herein at any time by deleting Client's profile. DCS may terminate this Agreement and the license granted herein immediately in its sole discretion, including without limitation by reason of breach of the Agreement or non-payment of fees. Upon termination of this Agreement, Licensees agree to discontinue all use of the Platform. Upon termination of this Agreement, Licensees' license to use the Platform will automatically terminate. Sections 1.2, 1.3, and 4 through 10, as well as this sentence, shall survive any termination of this Agreement for any reason. The parties agree that Licensees shall have no duty to rent, lease, license or purchase the Platform from DCS after termination of this Agreement, nor shall DCS have any obligation thereafter to rent, lease, license or sell the Platform to Licensees.

  5. Death of Client. Upon Client's death, the Platform shall remain accessible to Client's estate for a period of ONE YEAR. No contact shall be made with respect to any Client profile or Platform Data after such time, including by Client's estate, attorney, or other authorized representative, unless otherwise required or mandated by state or federal law or by court order. The estate of Client shall be permitted to add up to 20 additional personal accounts for contact by DCS at no additional charge in a single submission following Client's death, provided that the account information is furnished to DCS within 60 days. Any additional submissions or the submission of more than 20 accounts for contact, whether in one or more submissions shall be subject to additional fees as in effect from time to time and determined by DCS. 

  5.1 Default Directive. If, at the time of Client's death, Client has not specified a directive or selected their own default directive for Client's non-financial accounts, the request will default to "Delete" or "Close."

  5.2 Estate Contacts. At the time of Client's death, Client's attorney, estate administrators, or authorized representatives must provide DCS with at least two methods for communication, including email address (required) and/or telephone number or fax number.

  5.3 No Guarantee of Personal Account Access After Client's Death. DCS will not take any action that would breach or encourage the breach of any agreement or other terms of service between Client and the institutions with which he or she has personal accounts. DCS makes requests on behalf of the estate and in accordance with the directives set forth in the estate documents or, if no specific directives have been set forth in the estate documents, in accordance with the direction from Client's representative(s). Final decisions on any request so made are determined by the applicable institutions and not by DCS. DCS assumes no liability or responsibility for any action or in action, activity or inactivity or decisions on the part of any institution.

  5.4 Verification Documents. Upon Client's death, a duly appointed personal representative of Client's estate must provide DCS with one or more of the following: Certificate of Death, copy of the DCS provision in Client's testamentary documents, a Letter of Authorization (or equivalent), a Letter of Explanation, and a photocopy of Client's government ID so that DCS may verify Client's passing and initiate Client's directives with respect to Client's personal accounts, subject to Section 5.3 above.

  5.5 Estate Administration Fee. DCS is entitled to charge an Estate Administration Fee to compensate DCS for the services provided under this Agreement.

  5.6 Other Fees. Client's estate is solely responsible for all third-party costs, including but not limited to, document fees, government fees, site fees, and any other costs incurred in performing DCS' Services as ordered by Client. In the event that DCS, in its discretion, advances any third party costs on behalf of Client's estate, such costs must be fully reimbursed to DCS within thirty (30) days of Client's estate receiving an invoice from DCS. Upon request, Client's estate is entitled to itemized receipts for all third-party expenses.

  6. Warranty Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. DCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND DCS EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, DCS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE PLATFORM WILL BE INTEROPERABLE WITH ANY OPERATING SYSTEM, WEB BROWSER OR OTHER USER INTERFACE, OR (E) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

  7. No Provision of Professional Services. DCS DOES NOT PROVIDE LICENSED PROFESSIONAL SERVICES. DCS IS NOT A LAW FIRM, A FINANCIAL ADVISORY FIRM, OR OTHER LICENSED PROVIDER. THE PLATFORM IS NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED PROFESSIONAL. NOR SHOULD LICENSEES RELY ON OR EXPECT ANY PRIVILEGE, DUTY OF CONFIDENTIALITY, OR OTHER BENEFIT TYPICALLY CONFERRED BY AN ATTORNEY-CLIENT OR OTHER PROFESSIONAL SERVICE RELATIONSHIP. 

  8. Limitation of Remedies and Damages. DCS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS TO LICENSEE OR ANY THIRD PARTIES, (C) FOR ANY LOSSES ARISING IN RELATION TO OR AS A RESULT OF THE PROBATE OF ANY ESTATE OR THE CONTESTING OF ANY WILL OR OTHER ESTATE PLANNING VEHICLE, OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF $500.00, EVEN IF DCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DCS SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. 

  9. Security Measures. DCS takes appropriate security measures (including physical, electronic and procedural measures) to help safeguard information transmitted by Licensees to the Platform from unauthorized access and disclosure. For example, DCS uses SSL encryption in the transmission of sensitive personal information to and from DCS's servers. While DCS wants users to feel confident using the Platform and endeavors to protect the privacy of Platform Data, Client profiles, and other personal information transmitted through the Platform, Licensees acknowledge and agree that no system can be completely secure. Unauthorized entry or use, hardware or software failure and other factors, may compromise the security of Client information at any time. DCS does not have any responsibilities or obligations with respect to privacy breaches of any third party, including representatives and governmental entities or investigators.

  10. Personal Account Data. Licensees and their agents must make best efforts to enter all of the personal account information necessary for DCS to perform its services. DCS does not conduct forensics and thus can only service those accounts that Licensees affirmatively provide. In the event DCS has insufficient information to complete Client's Directives after Client's death, DCS may contact executors, administrators, personal representatives, attorneys, and/or additional parties to obtain the required information.

  10.1 Data Accuracy. All personal account data provided to DCS, including Client's domicile of record, must match the information Client has provided to the institution or governmental entity to which the account corresponds. DCS is not responsible for inaccurate data, spelling, or other information provided by Client or any of its representatives or their agents which result in the inability of DCS to fulfill Client's directives. DCS will endeavor to correctly carry out all directives, but does not guarantee the ability to fulfill the request if the information is incorrect, incomplete or if any applicable law prohibits fulfillment of the request. 

  10.2 Data Sharing. DCS can only recognize users based on their individual login information. DCS will not be responsible for any issues or errors that arise from Licensees sharing of their login information or email address with another individual or use of a shared computer login to access the Platform. 

  10.3 Password Updates. Device passwords and passcodes frequently change due to various reasons. Client passcodes for all personal accounts must be kept current at all times. 

  10.4. No Guarantee as to Access to Particular Content. Disclosure of or Access to Account Contents will vary upon institution requirements and/or governed by state or federal law. DCS does not guarantee a final decision granting access to content.

  11. Deactivation for Non-Use. If a Client Account remains unused for a period of 120 days after the Client's death, the account will be considered abandoned, DCS will not perform its services, and no further action will be required to be taken. DCS will not issue a refund, rebate or other form of compensation for services ultimately not rendered due to an estate's electing not to use the Platform.

  12. Cessation of Notifications. Unless otherwise arranged by Client's estate or attorney, DCS will discontinue initiating notifications to institutions for Client's personal accounts either when the estate has completed the probate process or within 18 months after activation, whichever is earlier.

  13. Estate/Personal Representative. DCS services are activated, authorized and instructed by the duly appointed representative of the estate of the decedent. DCS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF THE CHALLENGE OR CONTEST OF ANY ESTATE OR ANY OTHER ACTION TAKEN AGAINST THE ESTATE, AND IN NO EVENT SHALL DCS BE LIABLE FOR ANY LOSSES ARISING FROM DCS CARRYING OUT THE INSTRUCTIONS OF THE ESTATE OR ITS REPRESENTATIVES.

  14. Provision for DCS Services. It is Client's responsibility to warrant the right to execute a "Transfer to" or "Remove me" directive in connection with each of Client's personal accounts, and to provide for use of the Platform in Client's Last Will and Testament, Codicil, Revocable Trust and/or other legal documents governing the administration of Client's estate.

  15. Change of Legal or Personal Representative. Should an estate's legal or Personal Representative change at any time during the subscription of DCS services, DCS must be informed immediately. Whenever an estate's contact changes, the passcode on the DCS account will change as well. To assign a client new representation, please contact DCS at 1-800-372-8121 or info@directivecommunications.com. You will provide proof of legal representation in your estate documents. It is necessary that DCS have matching Personal Representative assignment with your estate documents. DCS is not responsible for inaccurate, incorrect or errors made in establishing Personal Representatives, inconsistent with estate planning documents. 

  16. Subscription Payments and Renewals. Client, its representatives, and their agents acknowledges that the Platform is provided on annual subscription basis. Payment will be automatically charged to payment method on file. In the event of any non-payment or delay in payment for a period of 30 days after payment is due, DCS shall reserve the right to terminate Licensee's access to the Platform and to delete all Platform Data, or, in the alternative, to suspend access subject to the payment of a reactivation fee as is in effect from time to time as determined by DCS. In the event of termination, DCS shall have no ongoing obligation to maintain Platform Data. Once data is destroyed, it cannot be recovered. If Client is subsequently re-enrolled, the enrollment will be treated as a new client and all records will need to be re-created. 

  17. Private Browsing. Websites and digital destinations visited through "Incognito", "Private Browsing" or other means of disabling browser history and web cache may not be collected or stored by DCS. If desired to be included in Client's profile, Client must enter the data by logging into DCS or visiting the website in a non-private manner.

  18. Portfolio Plus.

  18.1. Portfolio Plus must be downloaded, signed-into and maintained for proper data collection. Portfolio Plus may not be able to identify all accounts, as not all login processes are consistent and/or allow for Portfolio Plus to collect the information necessary for data capture.

  18.2. Acceptance of this Agreement includes authorization for the Portfolio Plus application to access Client's personal and account identifying files and information, as needed, to conduct DCS authorized activities. Client data collected during individual login sessions will be saved to Client's portfolio and may be used to group accounts for presentation. Portfolio Plus may be downloaded and activated on a computer tablet, mobile, or other device for conducting digital and online activities.

  19. Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of DCS to act with respect to a breach of this Agreement by Licensees or others does not constitute a waiver and shall not limit DCS's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensees and may not be assigned or transferred for any reason whatsoever without DCS's consent and any action or conduct in violation of the foregoing shall be void and without effect. DCS expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Massachusetts law, without regard to its conflicts of law rules. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Boston, MA; Licensees hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.


text:
  BY INSTALLING THIS ADD-ON YOU AGREES THAT THIS ADD-ON IS PROVIDED AS-IS, AND I, THE AUTHOR, WILL NOT ASSUME ANY RESPONSIBILITY OR WARRANTY FOR THIS ADD-ON.

  (This is the original EULA)


text:
  End User License Agreement

  Last Updated: December 9, 2015
  IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THE DISPEL SERVICES.

  This End User License Agreement (this “EULA”) is between you and, if applicable, the entity that you represent (collectively, “you”) and Dispel LLC (“Dispel” or “we”). You must read all of the terms and conditions of this EULA. This EULA governs your use of the Dispel Services (defined below). By accessing, using or registering for any Dispel Service, you are agreeing to be bound by this EULA.

  In addition to the terms and conditions of this EULA, the Dispel Services are also subject to the terms and conditions of the Dispel Terms of Use, currently available at <a href="https://dispel.io/legal/terms-of-use">https://dispel.io/legal/terms-of-use</a>, as updated by Dispel from time to time. The Dispel Terms of Use are hereby incorporated into this EULA by reference. PLEASE NOTE THAT THE DISPEL TERMS OF USE INCLUDES A BINDING ARBITRATION CLAUSE, IN ADDITION TO DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY, THAT ARE APPLICABLE TO THIS EULA.

  Dispel may modify this EULA at any time and in its sole discretion. If we make changes to this EULA, don’t worry, we will provide notice of any changes, such as by sending you a notification, posting a notice on or through the Dispel Services, or updating the “Last Updated” date above. Your use of the Dispel Services following any revisions to this EULA will confirm your acceptance of the revised EULA. If you do not agree to any changes made to this EULA, you may not use the Dispel Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised EULA incorporating such changes, or otherwise notified you of such changes.
  1. Definitions

  For purposes of this EULA, the following terms shall have the following meanings:

  1.1 “Derivative Work” shall mean a new or modified work that is based on or derived from a preexisting work, including, without limitation, a work that, in the absence of a license, would infringe the copyright in such preexisting work, or that uses trade secrets or other proprietary information with respect to such preexisting work.

  1.2 “Documentation” means any operating instructions, user manuals, help files and other technical information, documentation and materials, in tangible or electronic form, related to the Dispel Services.

  1.3 “Open Source Software” means all software, documentation and other material that is distributed as “free software,” “open source software” or under a similar licensing or distribution model, including, but not limited to, the GNU General Public License (GPL), GNU Affero General Public License (AGPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Berkeley Software Distribution (BSD) license, MIT License, Apache License or any other license described by the Open Source Initiative as set forth on <a href="http://www.opensource.org">www.opensource.org</a>.

  1.4 “Dispel Services” means the software (including but not limited to object code, executable files or browser plug-ins) made available to you under this EULA (whether in downloadable form, accessed online, as Software-as-a-Service (SaaS) or as Privacy-as-a-Service (PraaS)), all materials related thereto, including Documentation, and all Updates thereto.

  1.5 “Updates” means any patches, revised versions, modifications, upgrades, bug fixes, new releases, enhanced functionality and other updates to the Dispel Services.
  2. Rights in the Dispel Services
  2.1 Grant of Rights.

  Subject to your strict compliance with the terms of this EULA, Dispel hereby grants you a non-exclusive, non-transferable, non-sublicensable right and license to use the Dispel Services (excluding Open Source Software) solely for your personal use or in your internal business operations. Your right to use the Dispel Services (excluding Open Source Software) is strictly limited to the quantities licensed to you by Dispel via the subscription plans or purchased separately on the Dispel website. Dispel hereby reserves and retains, as further set forth in Section 5.1 below, all right, title and interest in, and ownership of, the Dispel Services (excluding Open Source Software). You are responsible for all use of the Dispel Services licensed to you by Dispel hereunder.
  2.2 Third Party and Open Source Software.

  The Dispel Services may contain certain Open Source Software. Such Open Source Software is subject to the terms and conditions of the respective open source license agreement (“Open Source Licenses”), and no rights with respect to such Open Source Software are granted under this EULA. Please refer to documents provided to you along with the Documentation or at <a href="https://dispel.io/legal/open-source">https://dispel.io/legal/open-source</a> for a copy of the Open Source Licenses. This list of Open Source Licenses may be updated by Dispel from time to time. You acknowledge and agree to the terms and conditions in each such Open Source License and that you are solely responsible for complying with such terms and conditions. Notwithstanding anything to the contrary in this EULA, with respect to each item of Open Source Software, to the extent there are any irreconcilable conflicts between any terms of this EULA and any terms of the respective Open Source License, which the Open Source License does not permit, such conflicting terms of this EULA will not apply. Any fees charged by Dispel in connection with the Dispel Services do not apply to any Open Source Software for which fees may not be charged under the applicable Open Source License. Where the terms of any specific Open Source License entitle you to the source code of the respective Open Source Software, upon your request, Dispel may either make that source code available to you (a nominal fee may be charged by Dispel for processing such request) or direct you to where you can obtain that source code.
  2.3 Restrictions.

  You are hereby restricted from: (a) directly or indirectly selling, leasing, renting, redistributing, assigning (except as expressly permitted in this EULA) or transferring the Dispel Services, or any rights therein, to any third party; (b) modifying, translating, reverse engineering, decompiling, disassembling, creating derivative works of, copying, sublicensing or distributing the Dispel Services (except to the extent this restriction is expressly prohibited by applicable law, or the applicable Open Source Licenses solely with respect to the respective Open Source Software governed thereby, and then only upon advanced written notice to Dispel); (c) using the Dispel Services for the benefit of any third party (e.g., in an ASP, outsourcing or service bureau relationship) or in any way other than in its intended manner; (d) removing, altering or obscuring any proprietary notice, labels or marks on the Dispel Services; (e) disabling or circumventing any access control or related device, process or procedure present within the Dispel Services; and (f) using the Dispel Services in quantities in excess of those (1) for which you have purchased a license or (2) covered under a subscription plan you have purchased. The rights granted to you in Section 2.1 are subject to and contingent on your compliance with the restrictions set forth in this Section 2.3.
  3. Feedback

  You may provide written and verbal feedback regarding the Dispel Services, including, without, limitation, feedback regarding: (a) the amount, extent and nature of utilization of the Dispel Services; (b) any errors or difficulties discovered with respect thereto; (c) the characteristic conditions and symptoms of such errors and difficulties with sufficient detail to enable us to recreate such errors and difficulties; and (d) all results and reports related to your testing and evaluation of the Dispel Services (collectively, the “Feedback”). Additionally, Dispel may collect aggregated, statistical, diagnostic and related data derived from the operation of the Dispel Services, including in connection with third-party software (“Diagnostic Data”). All Feedback and Diagnostic Data shall be the sole property of Dispel. Dispel shall have the right, at its sole discretion, to use and publicize freely all Feedback and Diagnostic Data and such rights shall not require your consent in any way. If Feedback and Diagnostic Data is made publically available, any data that identifies specific users will be removed before such publication.
  4. Support

  Dispel may, but is not obligated to, support the Dispel Services by providing Updates to the Dispel Services. In the event that Dispel, in its sole discretion, supplies any Update to you, such Update shall be deemed a Dispel Service hereunder and shall be subject to this EULA.
  5. Proprietary Rights &amp; Information
  5.1 Proprietary Rights.

  As between you and Dispel, Dispel retains all right, title and interest, including, without limitation, all patent rights, copyrights, trademarks, trade secrets and all “moral rights” and other rights with respect to the attribution of authorship or integrity thereof, that you may have under any applicable law or any applicable legal theory in and to the Dispel Services and Proprietary Information (as defined below) and any portion thereof, including, without limitation, any copy or Derivative Work of the Dispel Services. You agree to take any action reasonably requested by Dispel to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Dispel Service, or any Derivative Work. You shall have only those rights in or to the Dispel Services expressly granted to you under this EULA.
  5.2 Proprietary Information.

  You acknowledge that, in the course of using the Dispel Services and exercising your rights hereunder, you may obtain confidential information relating to Dispel and the Dispel Services, including, without limitation, this EULA, the Feedback, the Dispel Services (including any and all Derivative Works and Updates thereto), trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, formulas, schematics, testing procedures, software design and architecture, computer code, documentation, design and functional specifications, product requirements, problem reports, performance information, software documents and other technical, business, product, marketing and financial information, plans and data (“Proprietary Information”). The Proprietary Information shall, as between you and Dispel, belong solely to Dispel.
  5.3 Use and Disclosure Restrictions.

  You hereby acknowledge and agree that the Dispel Services constitute and contain valuable Proprietary Information and trade secrets of Dispel, and embody substantial creative efforts and confidential information, ideas and expressions. You agree (a) to protect Dispel’s Proprietary Information from unauthorized dissemination and use; (b) to use Dispel’s Proprietary Information only for the performance of your obligations and in connection with the exercise of your rights hereunder; (c) without Dispel’s prior written consent, not to disclose or otherwise provide to any third party or any person other than your employees who are aware of the confidentiality obligations imposed by this Section 5 and have entered into written confidentiality agreements with you which require such individuals to comply with confidentiality obligations no less restrictive than the requirements of this Section 5, any Proprietary Information, including any part or parts thereof; (d) to undertake whatever action is necessary (or authorize Dispel to do so in your name) to prevent or remedy any breach of your confidentiality obligations herein set forth or any other unauthorized use or disclosure of any Proprietary Information by your current or former employees, agents or contractors; and (e) not to remove or destroy any proprietary or confidential legends or markings placed upon or contained within the Dispel Services or any other Proprietary Information provided to you by Dispel.
  5.4 Exclusions.

  The foregoing restrictions on disclosure and use of Proprietary Information shall not apply with respect to any non-personally-identifiable Proprietary Information that: (a) becomes publicly known through no fault of yours; (b) was known by you before receipt from Dispel, as evidenced by your contemporaneous written records; (c) becomes known to you without confidential or proprietary restriction from a source other than Dispel who does not owe a duty of confidentiality with respect to such Proprietary Information; or (d) is independently developed by you without the use of, reference to or reliance upon the Proprietary Information, as evidenced by your contemporaneous written records. In addition, you may use or disclose Proprietary Information to the extent (i) approved in writing by Dispel or (ii) you are legally compelled to disclose such Proprietary Information, provided, however, that prior to any such compelled disclosure, you shall cooperate fully with Dispel in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Proprietary Information.
  5.5 Equitable Relief.

  You acknowledge and agree that, due to the unique nature of Dispel’s Proprietary Information, there can be no adequate remedy at law to compensate Dispel for the breach of any provision of this Section 5, that any such breach shall allow you or third parties to compete unfairly with Dispel resulting in irreparable harm to Dispel that would be difficult to measure, and, therefore, that upon any such breach or threat thereof, Dispel shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages), in addition to whatever remedies it may have at law, without the necessity of posting any bond or other security.
  6. Purchases; Payments
  6.1 Products.

  All product and service features are subject to change at any time without notice. By placing an order, you represent that you will use the ordered products or services in a lawful manner. Dispel may limit the available quantity of or discontinue any product or service, including the Dispel Services; not recognize, or impose conditions on the recognition of, any coupon or similar promotions; disallow any user from making any purchase; and/or refuse to provide any user with any product or service, including any Dispel Service. You agree that if you purchase any product or service from us, you will not distribute, transfer, license, sublicense or resell such product or service unless we have provided our prior written consent to do so.
  6.2 Orders.

  All orders are subject to our acceptance. Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. In the event a product or service is listed at an incorrect price due to a typographical or other error, we shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any order.
  6.3 Payments; Payment Cards.

  You agree to pay Dispel all fees in U.S. Dollars incurred by you or on your behalf that are due and owing for the Dispel Services. If any authority imposes a duty, tax or similar levy (other than taxes based on Dispel’s income), you agree to pay, or to promptly reimburse Dispel, all such amounts. You agree that the information you provide to Dispel in connection with the payment for the Dispel Services may be shared with Dispel’s payment partners to facilitate your payment of the applicable fees. You represent and warrant that you have the right to use any payment card utilized in connection with such transaction.
  6.4 Subscription Plans; Cancellations.

  Under our subscription plans, the credit card you have provided to us will be charged the subscription fee then in effect plus applicable taxes for the upcoming month’s subscription on a recurring monthly basis based on the date you sign up for a Dispel account, until you cancel your subscription. To cancel, go to your Billing, the Plans page and click on “Suspend my plan.” To avoid being charged for the next month, you must cancel at least one day before the next monthly payment is due. If you cancel, your subscription will continue until the end of your current paid period or credits.
  6.5 Overages; Downgrades; Upgrades.

  If you authorize Dispel to continue charging your credit card for any overages in excess of your subscribed usage, we will charge the credit card you have provided to us in $10 increments and your additional usage deducted against such increments. Any overage funds remaining in your account at the end of your subscription month will be credited towards the following month’s set subscription charge. If you choose not to authorize Dispel to charge your credit card for any overages in excess of your subscribed usage, then the Dispel Services will stop once you have reached your monthly subscribed limits of usage. Any downgrades to your subscription account will be effective for the following month’s subscription. Any upgrades to your subscription plan will be applied pro rata based on the number of days remaining in such month from the date you upgrade your Dispel account unless Dispel determines, in its reasonable judgment, that such adjustment would not be equitable based on usage and days remaining in the month.
  6.6 Payment Terms.

  If you are not on a subscription plan, you will be invoiced by Dispel on a monthly basis or as otherwise agreed between you and Dispel. All Dispel invoices are payable in accordance with the terms stated on such invoice. Any payment due or portion thereof not received by Dispel as set forth in this Section 6 will bear an additional charge of one and one-half percent (1½%) per month from the date due until actually received, less the sum, if any, in excess of applicable state law.
  6.7 Free Trials.

  If your order is subject to a free trial period, you will submit your credit card information when you sign up. An authorization will be performed on your credit card to ensure that it is valid and in good standing. The authorization amount may count against your credit limit; however, we will not bill you the monthly subscription fee until the free trial period has ended. To avoid being charged, you must cancel before the end of the free trial period. Please allow up to one (1) month for reversal of the authorization fee. To cancel, you must notify us by 5 P.M. Eastern Standard Time the day before your free trial ends by signing into your account and clicking on the “Suspend my plan” button that is located on the “Plans” tab under the “Billing” page. Limit: one (1) free trial offer per person.
  6.8 No Refunds; Suspension.

  We do not issue refunds for any amounts paid. In addition to its right to terminate this EULA as set forth in Section 7 below, Dispel may, at its sole discretion, suspend your access to and use of the Dispel Services in the event you fail to timely pay all outstanding charges and past due invoices.
  7. Termination
  7.1 Termination.

  Dispel may terminate this EULA (a) if you fail to cure any breach of this EULA within thirty (30) days of receipt of written notice thereof; or (b) immediately upon written notice if you become insolvent, become subject to a petition in bankruptcy filed by or against you that is not dismissed within thirty (30) days, are placed under the control of a receiver, liquidator or committee of creditors, or cease to function as a going concern or to conduct your business in the normal course.
  7.2 Effect of Termination.

  Upon termination of this EULA, you will uninstall all of the Dispel Services, return to Dispel all Proprietary Information, and will deliver to Dispel all copies and extracts of the foregoing. The provisions of Sections 2.3, 3, 4, 5, 6, 7 and 8 of this EULA, and all terms and conditions of the Dispel Terms of Use incorporated into this EULA (excluding any rights granted to you under such terms and conditions, if any), will survive the termination of this EULA. Termination of the rights granted to you under this EULA will not act as a waiver of any breach of this EULA and will not act as a release from any liability for breach of your obligations hereunder.
  8. General Provisions
  8.1 Legal Compliance; Restricted Rights.

  You agree to comply with all applicable laws. Without limiting the foregoing, you agree to comply with all U.S. export laws and applicable import laws of your locality (if you are not located in the United States), and you agree not to export any Dispel Services without first obtaining all required authorizations or licenses. If any Dispel Services are being licensed under the terms of a proposal or agreement with the U.S. Government or on the U.S. Government’s behalf, the Dispel Services are commercial computer software and the Dispel Services are developed exclusively at private expense, and (a) if acquired by or on behalf of a civilian agency, shall be subject to the commercial computer software license terms set forth in this EULA as specified in 48 C.F.R 12.212 of the Federal Acquisition Regulation and its successors; or (b) if acquired by or on behalf of units of the Department of Defense (“DOD”), shall be subject to the commercial computer software license terms set forth in this EULA as specified in 48 C.F.R 227.7202, Defense Federal Acquisition Regulation Supplement and its successors.
  8.2 Attorneys’ Fees.

  If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this EULA or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.


text:
  このアドオンは、MCUBE症例検討会画面共有用アドオンです。
  このアドオンは、あなたのfirefoxの画面共有許可リストに
  m3case.comのドメインを自動的に追加するため、
  あなたのfirefoxから現在の画面拡張を許可するドメイン一覧を取得します。
  この情報をそれ以外の目的で使用、複製、保存、送信することはありません。


text:
  NORTON LICENSE AGREEMENT
  IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES (AS DEFINED BELOW). SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE AMERICAS; OR SYMANTEC ASIA PACIFIC PTE LTD, IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR JAPAN; OR SYMANTEC LIMITED, IF YOU ARE LOCATED IN EUROPE, THE MIDDLE EAST OR AFRICA (“SYMANTEC”) IS WILLING TO LICENSE THE SOFTWARE AND SERVICES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE AND SERVICES (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY LOADING OR USING THE SOFTWARE AND SERVICES OR OTHERWISE USING THE SOFTWARE AND SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, OR DO NOT DOWNLOAD OR MAKE FURTHER USE OF THE SOFTWARE AND SERVICES.
  1. License:
  The software and services and documentation, (including any product packaging) (the “Documentation”), that accompanies this License Agreement (collectively the “Software and Services”) is the property of Symantec or its licensors, and is protected by copyright law. Although Symantec or its licensors continues to own the Software and Services, after Your acceptance of this License Agreement You will have certain rights to use the Software and Services on a computer, virtual environment, mobile or mobile computing device (a “Device”) for as long as Symantec maintains and makes the Software and Services available to You. All rights not expressly granted to You are retained by Symantec and/or its licensors. This License Agreement governs any releases, revisions, or enhancements to the Software and Services, that Symantec may furnish to You. Your rights and obligations under this License Agreement with respect to the use of the Software and Services shall be as follows.
  You may:
  A. use one copy of the Software and Services on a single Device. If a greater number of copies and/or number of Devices is specified within the Documentation or the applicable transaction documentation from the authorized distributor or reseller from which You obtained the Software and Services, You may use the Software and Services in accordance with such specifications;
  B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your Device and retain the original for back-up or archival purposes;
  C. use the Software and Services on a network, provided that You have a licensed copy of the Software and Services for each Device that can access the Software and Services over that network;
  D. permanently transfer all of Your rights in the Software and Services granted under this License Agreement to another person or entity, provided that You retain no copies of the Software and Services and the transferee agrees to all the terms of this License Agreement. For the avoidance of doubt, if the Software and Services being transferred is part of a multiple product offering You must transfer all Your rights to all product offerings included in such Software and Services. Partial transfer of Your rights under this License Agreement shall not be permitted and any such attempts shall be void and null. For example, if the Documentation or the applicable transaction documentation from the authorized distributor or reseller grants You the right to use multiple copies of the Software and Services, only a transfer of all the rights to use all such copies of the Software and Services would be valid; and
  E. use the Software and Services in accordance with any additional permitted uses which may be set forth below.
  You may not, nor may You permit any other person to:
  A. sublicense, rent or lease any portion of the Software and Services;
  B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software and Services or create derivative works from the Software and Services;
  1
  C. provide, offer or make available the Software and Services as part of a facility management, timesharing, service provider or service bureau arrangement; or
  D. use the Software and Services in any manner that is not permitted pursuant to this License Agreement.
  The Software and Services may include third party features and functionalities or may access content on a third party website. Such features, functionalities or content may be subject to such third party terms of service and privacy policies.
  2. Software and Services features and Content Updates; Discontinuation of the Content Updates or Software and Services:
  A. You shall have the right to receive new features to and versions of the Software and Services as Symantec, in its sole discretion, makes such features and versions available during Your Service Period. Symantec continually strives to improve the usability and performance of its products and services. In order to optimize the Software and Services, and to provide You with the most current version of the Software and Services, You agree the Software and Services may download and install new updates and versions of the Software and Services as they are made available by Symantec in its sole discretion. You agree to receive and permit Symantec to deliver such new updates and versions to Your Device. Additionally, Symantec may modify the terms and conditions that apply to Your use of the Software and Services to reflect such updates and versions and You agree to such updated terms.
  B. Certain Software and Services use content that is updated from time to time, including but not limited to the following: antivirus and crimeware software use updated virus definitions; antispyware software uses updated spyware definitions; antispam software uses updated antispam rules; content filtering and antiphishing software use updated URL lists; some firewall software use updated firewall rules; vulnerability assessment products use updated vulnerability data, and web site authentication software uses updated lists of authenticated web pages; these updates are collectively referred to as “Content Updates”. You shall have the right to receive Content Updates for the Software and Services during Your Service Period.
  C. Symantec may, at its discretion with or without notice to You, discontinue providing Content Updates and/or may terminate the Software and Services. Symantec may add, modify or remove features of the Software and Services at any time with or without notice to You.
  3. Product Installation; Activation; Norton Account:
  A. During the installation process, the Software and Services may uninstall or disable other security products, or features of such products, if such products or features are incompatible with the Software and Services or for purposes of improving the overall functionality of the Software and Services.
  B. There may be technological measures in this Software and Services that are designed to prevent unlicensed or illegal use of the Software and Services. You agree that Symantec may use these measures to protect Symantec against Software and Services piracy. This Software and Services may contain enforcement technology that limits the ability to install and uninstall the Software and Services on a Device to not more than a finite number of times for a finite number of Devices. This License Agreement and the Software and Services containing enforcement technology may require activation as further set out in the Documentation. If so, the Software and Services will only operate for a finite period of time prior to Software and Services activation by You. During activation, You may be required to provide Your unique activation code accompanying the Software and Services and Device configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software and Services. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software and Services, the Software and Services will cease to function until activation is complete; at which time the Software and Services functionality will be restored. In the event that You are not able to activate the Software and Services over the Internet, or through any other method specified during the activation process, You may contact Symantec Customer Support using the information provided by Symantec during activation, or as set out below.
  2
  C. Norton Account. A current Symantec Norton Account (“Norton Account”) may be required to access and use the Software and Services. In such case, if You do not have a Norton Account, You must complete the applicable registration process to create a Norton Account in order to use the Software and Services. You are entirely responsible for maintaining the confidentiality of Your Norton Account password.
  4. Safe Search Feature. The Software and Services may include a Safe Search feature which provides You the ability to safely search the Internet. This may be offered via, but is not limited to, a Symantec search toolbar.
  5. Limited Warranty:
  Symantec warrants that any media manufactured by Symantec on which the Software and Services are distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software and Services to You. Your sole remedy in the event of a breach of this warranty will be that Symantec will replace any defective media returned to Symantec within the warranty period. Symantec does not warrant that the Software and Services will meet Your requirements or that operation of the Software and Services will be uninterrupted or that the Software and Services will be error-free.
  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
  6. Disclaimer of Damages:
  SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE AND SERVICES EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) OR THE LOCAL CURRENCY EQUIVELANT. The disclaimers and limitations set forth above will apply regardless of whether You accept or use the Software and Services.
  7. U.S. Government Restricted Rights:
  For U.S. Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
  8. Export Regulation:
  You acknowledge that the Software and Services and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for
  3
  which an export license or other governmental approval is required. All Symantec product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions, including Afghanistan and Iraq. USE OR FACILITATION OF SYMANTEC PRODUCT IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
  9. Arbitration:
  If You are a U.S. customer, You and Symantec agree that any dispute, claim or controversy arising out of or relating in any way to the Software and Services or this License Agreement, shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this License Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that You and Symantec are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this License Agreement and/or the termination of Your Symantec product license.
  If You elect to seek arbitration, You must first send to Symantec, by certified mail, a written Notice of Your claim ("Notice of Claim"). The Notice of Claim to Symantec should be addressed to: General Counsel, Symantec, Inc., 350 Ellis Street, Mountain View, CA 94043 and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address You would like Symantec to use to contact You. If Symantec elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by Symantec, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand").
  If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form of notice and a form to initiate arbitration at <a href="http://www.adr.org">www.adr.org</a>. If You are required to pay a filing fee, Symantec will promptly reimburse You for Your payment of the filing fee after arbitration is commenced. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at <a href="http://www.adr.org">www.adr.org</a> or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the mailing address You provided in Your Notice or, if no address was provided in Your Notice, Your billing address on file. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
  YOU AND SYMANTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Symantec
    4
  agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and maynototherwisepresideoveranyformofarepresentativeorclassproceeding. Ifthisspecificprovision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
  10. General:
  This License Agreement will be governed by the laws of the State of California, United States of America. This License Agreement is the entire agreement between You and Symantec relating to the Software and Services and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. Symantec may terminate this License Agreement if You breach any term contained in this License Agreement (other than a trivial or inconsequential breach) and, if such termination occurs, You must cease use of and destroy all copies of the Software and Services and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive and continue to apply after termination. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to Symantec Customer Service, 555 International Way, Springfield, OR 97477, U.S.A. or visit the Support page at <a href="http://www.symantec.com">www.symantec.com</a>.
  11. Privacy; Data Protection:
  By installing and/or using the Software and Services (including updates), You agree that Symantec may, and You have obtained all the necessary consents and rights for Symantec to, collect, use, retain, disclose and/or process Collected Data for the purposes and as described in the applicable Symantec product privacy notices, including the Symantec privacy statement at: <a href="http://www.symantec.com/privacy">http://www.symantec.com/privacy</a>. “Collected Data” means certain information, which Symantec may collect, use, retain, disclose and process in connection with Your use of the Software and Services, or Your devices or systems with which the Licensed Software operates, and may include, but is not limited to, personal data as defined by applicable data protection law.
  CPS / NSSS 2016 12 (OE 22.0) / USE
   5


