[Last Revised: June, 2018]
1. Eligibility and Age Limitation
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.
You further represent and warrant that you are of legal competence to enter into these Terms and you are: (i) at least thirteen (13) years of age if you are located in the US; (ii) at least sixteen (16) years of age if you are located in the EU; or (iii) if you are located in any other GEO you are above the age defined as "child" under applicable laws in your jurisdiction.We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. 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.
2. Scope of Service
Following your acceptance of these Terms, the Product will be installed on your computer. The Product is a browser add-on that changes your browsers' new tab setting or features that you may choose to install and may affect your browsers' search settings. The unique features we provide enable you to easily use a VPN service from your browser, as well as a direct and convenient web search (collectively with Product shall be referred to as the "Services").
Further, any use by you of Third Party Services is subject to the terms and conditions of the service provider. You acknowledge that we have no control over and assume no responsibility for Third Party Services. You assume all responsibility and risk in connection with your use of Third Party Services and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Services and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Services.
The availability of any Third-Party Services as part of the Product is not an endorsement, authorization or approval of such Third-Party Services, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. In addition, you acknowledge and agree that certain Third-Party Services may cease to be available to you at any time without providing any notice.
3. 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 and install the most current generally available version of the Product (including all updates thereto) and the Service solely in connection with your lawful, personal and non-commercial use. Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
You acknowledge that all right and interest in the Product’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, 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 protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Product. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service (excluding Third Party Services).
We reserve the right to disable access to the Services by anyone who uses them to infringe intellectual property rights. Further, you acknowledge and agree that the technology manifested in the operation of the Product constitutes our, and our partners’, valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
4. Representations, Warranties and Restrictions of Use
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the device in which the Product is installed (ii) You will install the Product and use the Services only in accordance with our instructions; (iii) you will use the Product in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under these Terms, you may not, nor may not enable anyone else to, directly or indirectly: (i)copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Product and Services or any portion thereof including any source code therein; (ii)circumvent, disable or otherwise interfere with security-related features of the Product and Services, or interfere with others’ use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Product, or to manipulate the Product in any manner; (iv)remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without its prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.
5. Updates and Changes to Our Service
In addition, we reserve the right to discontinue some or all of the features of our Service at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service, or any portion thereof. If you are dissatisfied with the Service, your sole option is to discontinue or terminate your use of the Service.
6. Disclaimer of Warranty
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE PRODUCT AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". YOUR USE OF AND RELIANCE ON THE SERVICES OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE OR THROUGH THE SERVICES, NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE).
7. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Product and Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Product or Services (including your violation of any third party rights).
You may terminate your use of the Service at any time and for any reason by removing the Product, and cease using the Services. To uninstall the Product please use your standard uninstall processes available 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) Go to "Settings"; (iii) In the menu that appears click on "Extensions"; (iv) From the list of installed Extensions, 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 be removed from your Chrome browser.
In Mozilla Firefox- (i) Click on the three horizontal lines icon in the upper right-hand corner of your Firefox browser; (ii) Go to "Add-ons"; (iii) In the menu that appears click on "Extensions"; (iv) From the list of installed Extensions, find the name of the extension (v) Click on the "Remove" button to the right of the name of the extension; The extension should 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 the name of the extension (v) Click the Uninstall button; The extension should be removed from your Safari browser.
We may terminate your access to Product or our services at any time, with or without cause and with or without notice, effective immediately.
Any termination may result in the destruction of all information and data associated with your use of the Product. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. We are not liable to you or any third party for termination of the Service or termination of your use of the Service. The provisions of these Terms, which by their nature should survive any such action on our part, shall survive.
11. Dispute Resolution
Any dispute you have with us, you agree to first contact us at: email@example.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association ( "AAA"). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out ("Opt-Out Statement"). The Opt-Out Statement shall include your full name and residence address. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
We may amend these Terms from time to time, at its sole discretion and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of these Terms, at our sole discretion. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Product and our Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under these Terms to any third party at our sole discretion.
14. Contact Information.
If you have any questions please contact us via e-mail: firstname.lastname@example.org