Eula – Get Browser Addon

PLEASE READ THE Terms and Conditions CAREFULLY BEFORE USING THIS ExtensionThis End User License Agreement (‘Agreement’ or ‘EULA’) govern your use of our services and the download and install of our browser extension, including any revisions, improvements, new releases and relateddocumentation in connection thereto (collectively ‘Service’ or ‘Product’) and constitutes a legallybinding agreement between you (‘user’ or ‘you’) and (‘we’, ‘us’ or ‘our’).ACCEPTANCE OF THE TERMS: please read the terms and conditions of this Agreement carefully beforedownloading, installing or using our Product or Service and any feature provided therein. By choosingthe “ACCEPT” or “ADD TO CHROME” or “Allow” or “DOWNLOAD” button, downloading or using the Service youacknowledge that you have read, understood, and agree to be bound by this entire Agreement and ourPrivacy Policy which together govern your use of the Service (the EULA and Privacy Policy shall bereferred collectively as the “Terms”). You further acknowledge that these Terms constitute a binding andenforceable legal contract between us and you which further enforces class action waiver and arbitrationprovision as detailed in the dispute resolution section herein below. If you do not agree with theseTerms in its entirety, or if applicable law prohibits your acceptance of this Terms, you must not acceptthis Agreement and may not use our Service. Any use of the Service by you under such circumstances willbe considered as a violation of our legal rights

1. 1. Amendments

Except as otherwise described herein, we may at our sole discretion and at any time amend the terms ofthis Agreement. Such changes shall be effective upon publication of the amended terms in this Agreement.Your continued use of the Service, following the amendment of the Agreement, constitutes youracknowledgement and consent of such amendments to the Agreement. The last revision will be reflected inthe “Last Revised” heading above. In the event of a material change we will make best efforts to sendyou a written notification. We recommend that you periodically review this Agreement, as it may besubject for amendments from time to time. If you do not agree to the Agreement as amended, your sole andexclusive option is to discontinue or terminate your use of the Service.

2. Eligibility and Age Limitation

You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by anyauthorized authority, judicial order or law into entering in any agreement; you have all properauthorization, if you are acting on behalf of a corporation, to enter into these Terms.In addition, you represent and warrant that you are at least 13 years of age and of legal competence toenter into these Terms. Children under 13 are prohibited from using the Product. In the event that webecome aware that a user under the age of 13 has shared any information, we will discard suchinformation. If you have any reason to believe that a child under the age of 13 has shared anyinformation with us, please contact us at: contact us page. If you are under 18, please besure to read the Terms with your parents or legal guardians and ask questions about things you do notunderstand.

3. Scope of Service

Following your acceptance of this EULA, the Product will be installed on your computer. The Product is abrowser add-on that changes your browsers” new tab setting or features that you may choose to installand may affect your browsers” search settings. These features may include, as applicable, changes inyour browsers” (i) new tab; (ii) default search engine; and (iii) home page. The unique features weprovide enable you to easily customize to your own interests such as music radio, sports channels etc.The Product includes links to third party sites or content, as well as content provided by our ServiceProviders (as defined in our Privacy Policy) (collectively, “Third Party Content”).Any use by you of Third Party Content is subject to the terms and conditions of the Service Provider orthe applicable third party. You acknowledge that we have no control over and assume no responsibilityfor Third Party Content. You assume all responsibility and risk in connection with your use of ThirdParty Content and we hereby disclaim any and all liability to you or any third party in connectionthereto. We have no obligation to examine, review or monitor Third Party Content and are not responsiblefor the accuracy, completeness, appropriateness or legality of Third Party Content.The availability of any Third-Party Content as part of the Product is not an endorsement, authorizationor approval of such Third-Party Content, and you hereby waive any legal or equitable rights or remediesyou have or may have against us with respect thereto. In addition, you acknowledge and agree thatcertain Third-Party Content may cease to be available to you at any time without providing any notice.

4. License Grant and Intellectual Property

Subject to your compliance with the Terms, we hereby grant you a personal, limited., revocable,non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download andinstall the most current generally available version of the Product (including all updates thereto) andthe Service on devices solely in connection with your lawful, personal and non-commercial use. Yourlicense hereunder is limited not to allow others to use, copy or evaluate copies, and the licensegranted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferredor sub-licensed in whole or in part.You acknowledge that all right and interest in the Product’s trademarks, service marks, including allassociated components, code, protocols, software and documentation provided to you by us in conjunctionwith our Service, any related features or derivatives thereof improvements and modifications thereto,including associated intellectual property rights, evidenced by or embodied in or attached, connected,related to the Product or Service, are our property or the property of our licensors, and are protectedby international copyright, trademarks, patents and other proprietary rights and laws relating to tradesecrets, and any other intellectual property or proprietary rights recognized in any country orjurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete,alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on theProduct or associated components. Except as expressly granted in the Agreement, we retain all right,title and interest in and to our Service, copyrights and trademarks, as well as any content provided ormade available in connection with the Service (excluding Third Party Content). We reserve all rights inand to the Service which are not expressly granted herein.In addition, you acknowledge and agree that the Product may provide you with Third Party Content whichincludes copyrighted material, trade secrets, patents (registered or pending), designs, information,methods, specifications, graphics, text, logos and other proprietary material (“Third Party IP”). Youshall not, shall not attempt to, and shall not allow any third party, to use, copy, distribute, display,execute publicly, make available to the public, reduce to human readable form, adapt, sublicense, makeany commercial use, sell, rent, lend, process, combine with other software, translate, modify, reverseengineer, disassemble or decompile any such Third Party IP. Nor may you create any derivative works orother works that are based upon or derived from the aforementioned content in whole or in part.Intellectual Property law including, Copyright law and certain international copyright treaty provisionsprotect all parts of the Product and all content provided therein or therewith. No program, code, part,image, audio sample, or text may be copied, or used in any way by the user except for the applicablepurpose. We reserve the right to disable the access to the Services by anyone who uses them torepeatedly infringe the intellectual property rights of others. If you believe your copyright rights,were infringed please contact us at: contact us page. Further, you acknowledge and agree that the technology manifested in the operation of the Productconstitutes our, and our partners valuable trade secrets and know-how and to the extent you discover anysuch trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized usethereof will cause us irreparable harm and loss.

5. Use Restrictions

6. Updates and Changes to Our Service

We may, at any time and at our sole discretion, change, modify, add or remove features and functionalityof our Service without notice. When installed on your computer, the Product periodically communicatewith our servers to request automatic updates when we release a new version of the Product, or when wemake new features available. you hereby agree that the we may automatically download and install updatesto the Product, from time to time, without prior notification. These updates are designed to improve,enhance and further develop the Product and may take the form of bug fixes, enhanced functions, newsoftware modules and completely new versions. You agree to receive such updates as part of your use ofthe Product. In the event, we believe that such updates or upgrades shall materially affect your use ofthe Product, we will make best efforts to notify you. Updates for Chrome releases are handled by theGoogle Web Store website and are subject to the Google Privacy Policy.In addition, we reserve the right to discontinue some or all of the features of our Service at any timeat our sole discretion (including the provision of any updates, upgrades or fixes). We are under noobligation to provide you with any features, functionality, upgrades or bug fixes. You agree that weshall not be liable to you or to any third party for any modification, suspension or discontinuance ofour Service, or any portion thereof. If you are dissatisfied with any changes to the Service, then yoursole option is to discontinue or terminate your use of the Service.

7. Your Representations and Warranties

You represent and warrant that (i) you will only use the Product as permitted under this EULA; (ii) youwill use the Product in full compliance with all applicable laws, rules and regulations and industrybest practices; (iii) you will not use the Product for any fraudulent or inappropriate purpose; (iv) youare not located in a country that is subject to a U.S. Government embargo or that has been designated bythe U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any list of U.S.Government list with respect to prohibited or restricted parties.

8. Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCT AND ANY SERVICES, CONTENT (INCLUDINGTHIRD PARTY CONTENT) PROVIDED THEREIN IS AT HIS SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OFDATA OR OTHER DAMAGE TO DEVICE) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,ACCURACY AND EFFORT IS WITH THE USER. THE CONTENT AVAILABLE ON THE PRODUCT OR SERVICE MAY INCLUDEINACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORSOR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE PRODUCT INCLUDING TO THE PRODUCTS ANDSERVICES OFFERED VIA THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANYSERVICES, PRODUCT OR CONTENT PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTY OF ANY KIND.WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, PRODUCTOR CONTENT PROVIDED THEREIN, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR APARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DONOT WARRANT THAT THE PRODUCT AND SERVICE WILL MEET THE USER”S REQUIREMENTS. IF THE USER IS DISSATISFIEDWITH ANY OF THE CONTENT CONTAINED IN THE PRODUCT OR WITH THE TERMS OF THIS EULA, HIS SOLE AND EXCLUSIVEREMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCT AND ANY SERVICES PRODUCT OR CONTENT PROVIDEDTHEREIN.

9. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATESAND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS ITS VENDORS, DISTRIBUTORS,THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGESFOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO,THESE TERMS OR TO YOUR USE OR THE INABILITY TO USE THE PRODUCT. OUR LIABILITY SHALL NOT EXCEED THE COSTOF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OFLIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENTPERMITTED BY LAW.

10. Indemnification

You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries,successors, contractors, employees, directors, agents, suppliers, licensors, service providers andpartners) harmless from any and all claims, suits, actions, obligations, losses, costs, damages,expenses, and any other liabilities, including without limitation reasonable attorneys’ fees, arisingout of or related in any manner to your access, use or misuse of the Service, including any content orThird Party Content, your acts or omissions, any breach or alleged violation of this Agreement or of therights of any other person or entity by you, including without limitation any intellectual propertyright, confidentiality, property, privacy or publicity right. You agree to fully cooperate with us inthe defense of any claim that is the subject of your obligations hereunder.

11. Termination

You may terminate your use of the Service at any time and for any reason by removing the Product, andcease using the Services. To uninstall the Product please use your standard uninstall processes that areavailable through your Browser’s Settings, and remove the extension as follows- In Google Chrome- (i)Click on the three horizontal lines icon in the upper right-hand corner of your Chrome browser; (ii) Goto “Settings”; (iii) In the menu that appears click on “Extensions”; (iv) From the list of installedExtensions, find the name of the extension (v) Click on the trash can icon to the right of “Enable” for the name of the extension; (vi) Close your browser completely and reopen it. The extension should beremoved from your Chrome browser. In Mozilla Firefox- (i) Click on the three horizontal lines icon inthe upper right-hand corner of your Firefox browser; (ii) Go to “Add-ons”; (iii) In the menu thatappears click on “Extensions”; (iv) From the list of installed Extensions, find the name of theextension (v) Click on the “Remove” button to the right of the name of the extension; The extensionshould be removed from your Firefox browser. In Safari- (i) Open Safari; (ii) Select “Safari” then “Preferences”; (iii) Select the “Extensions” tab; (iv) From the list of installed Extensions, find thename of the extension (v) Click the Uninstall button; The extension should be removed from your Safaribrowser.We may terminate your access to Product or our services at any time, with or without cause and with orwithout notice, effective immediately.Any termination may result in the destruction of all information and data associated with your use ofthe Product. Upon termination, all licenses and other rights granted to you by this Agreement willimmediately cease. We are not liable to you or any third party for termination of the Service ortermination of your use of the Service. The provisions of this Agreement, which by their nature shouldsurvive any such action on our part, shall survive.

12. Privacy Policy

By Using the Product, you may enable us or third parties to access, use, and collect a variety ofinformation, regarding your Internet Browser, your browsing habits, and information about your computerincluding by usage of cookies. Our practices concerning the collection, use and disclosure of yourinformation are addressed in our Privacy Policy, available at: Privacy Policy, which are incorporatedherein by reference. We encourage you to periodically review our Privacy Policy, which may be subject toamendments from time to time. By accessing or using our Service you hereby consent to the termsstipulated in our Privacy Policy.

13. Dispute Resolution

For any dispute you have with us, you agree to first contact us at: contact us page. andattempt to resolve the dispute with us informally. If we were not able to resolve the dispute with youinformally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwiserequired by a mandatory law dispute or controversy arising out of or in connection with or relating tothese Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALLCLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER INANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONEPERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TOA TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.You must include your name and residence address, and a clear statement that you want to opt out of thisarbitration agreement. This arbitration agreement will survive the termination of these Terms. TheseTerms are governed by and construed in accordance with the laws of the State of New York, without givingeffect to any principles of conflicts of law and will specifically not be governed by the united nationsconventions on contracts for the international sale of goods, if otherwise applicable. For any action atlaw or in equity relating to the arbitration provision of these Terms and Conditions, you agree toresolve any dispute you have with exclusively in a state or federal court located in New York, Manhattanand to submit to the personal jurisdiction of the courts located in New York County for the purpose oflitigating all such disputes. Any cause of action you might have relating to the service is limited intime to one (1) year from the arising incident, and will be permanently barred afterwards.

14. Miscellaneous

These Terms, constitutes the entire understanding between the parties with respect to the use of theProduct and our Service. If any provision of these Terms is held to be unenforceable, such provisionshall be reformed only to the extent necessary to make it enforceable and such decision shall not affectthe enforceability of such provision under other circumstances, or of the remaining provisions hereofunder all circumstances. Our failure to enforce any rights or to take action against you in the event ofany breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in theevent of future breaches. This EULA and any right granted herein may not be assigned by you without ourprior written consent. We may assign our rights according to this Agreement to any third party at oursole discretion.

15. Contact Information

If you have any questions please contact us via e-mail: info@getbrowseraddon.com