Last modified: april 1, 2017
By accessing, Downloading, installing, or using Company Utilities you hereby agree to be bound by the Terms, if you do not agree, do not install or use the Extension, access the Website or otherwise use the Company Utilities.
We reserve the right, at our discretion, to revise or update the Terms at any time. Such changes shall be effective upon publication of the amended Terms. The last revision will be reflected in the “Last Modified” heading. Your continued use of the Company Utilities thereafter constitutes you consent to such changes and you agree to be bound by them. Please make sure to review our Terms periodically. You further acknowledge that the Terms constitutes a binding and enforceable legal contract between the Company and you which further enforces class action waiver and arbitration provision as detailed in the dispute resolution section herein below.
The Extension provides a personalized and customized new tab feature for your browser and might also suggest as part of a package an enhanced search feature, as part of the installation process, which may change your Internet browser settings or provide you with the ability to opt to make changes to your Internet Browser settings. Please note you can enjoy and install the new tab extension without adding any additional suggested features and extensions. Such changes may include, without limitation changes of the default search engine in your Internet Browser, changes of the default home page or new tabs of your Internet browser and to allow third parties’ Cookies to be installed in your browser. To uninstall the Extension, you may use the standard uninstall procedures offered by your device's operating system or your Internet browser, as applicable.
You agree to comply with all applicable laws, rules, and regulations when using Company Utilities. You will not use Company Utilities or any part thereof to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
The Extension may automatically download and install updates from time to time. In addition, the Extension may automatically configure the Extension to perform certain functions required within the operation of the Extension. The Extension may also automatically configure third-party software (such as your browser or operating system) in connection with your use of the Extension. Any download and installation updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Extension and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet browser’s settings and/or your user experience. Prior to the implementation of a material change in the Extension or any part thereof, Company will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and using the Extension, you agree to receive such Software Updates (and permit Company to deliver these to you) as part of your Use of the Extension.
Further, you agree that by using Company Utilities we may periodically send technical data and related information to Company Utilities to facilitate the provision of updates, product support, and other services to you, if any, related to Company Utilities. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet browser and/or system. Additionally, you agree that Company may conduct A/B testing and change the look and feel or add additional feature in order to improve your experience with Company Utilities. You acknowledge that due to Software Updates of, or other modifications made by third parties certain parts of Company Utilities may become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction, is to cease your use and uninstall the Extension.
The Extension may integrate, be integrated into, or be provided in connection with third-party services, feeds or content including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials provided by third parties ("Third Parties Content") which are subject to such third parties’ terms of services and privacy policies, which may be found on the relevant third parties’ website. We have no control over such websites, content and resources, in which you acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse nor responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Notwithstanding the above, we will make best efforts to monitor and review the Third Party Content to ensure you enhance our service. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Content, including any goods or services available on or through any such site or resource.
Company Utilities are not intended for individuals under the age of 13. You represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Company Utilities or any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the any part of Company Utilities nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
By downloading the Extension or otherwise using Company Utilities, you further represent and warrant that you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export any part of Company Utilities nor any technical data related thereto or any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not use or allow Company Utilities to be used for any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
COMPANY UTILITIES ARE PROVIDED TO YOU ON AN "AS IS"; AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. COMPANY DOES NOT REPRESENT OR WARRANT THAT COMPANY UTILITIESOR ANY THIRD-PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; THAT THE OPERATION OF THE COMPANY UTILITIES OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR THAT THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF COMPANY UTILITIES, ANY THIRD-PARTY SOFTWARE, AND ANY DATA ACCESSED THEREFROM. COMPANY MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE COMPANY UTILITIES OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE COMPANY UTILITIES OR THE THIRD-PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR SOLE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE COMPANY UTILITIES IS TO STOP YOUR USE OF THE COMPANY UTILITIES OR DISABLE THE EXTENSION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL COMPANY, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE COMPANY UTILITIES OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT, AND WHETHER OR NOT COMPANY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE COMPANY AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THESE TERMS TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE EXTENSION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
For any dispute you have with us, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold Company harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your use of the Company Utilities, including your downloading, installation, or use of Company Utilities, or your violation of these Terms.
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