Terms of Use WebSearchy End-User License Agreement
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS WEBSEARCHY END-USER
LICENSE AGREEMENT (THE "EULA" OR “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING,
ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE
AND/OR SERVICES AND/OR FEATURES PROVIDED BY WEB INTERNET SECURITY (COLLECTIVELY,
THE "WEBSEARCHY SOFTWARE"). WEB SEARCHY
is a SERVICE of Web Internet Security.
THIS IS A LEGAL AGREEMENT BETWEEN WEB INTERNET SECURITY AND YOU.
THESE TERMS OF
SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION.
THIS EULA
In the event of a contradiction between this EULA and the Privacy Policy, the
Privacy Policy will govern. Web Internet Security is willing to license the
Websearchy Software to you only on the condition that you accept all the terms
contained in this EULA.
By selecting the "Next" or “Accept” button (or similar language provided by us)
or by downloading, installing, or using the WebSearchy Software, you acknowledge
and agree that you have read and understood this EULA and accept all of its
terms. We recommend that you print or save a local copy of this EULA for your
records. If you agree to this EULA on behalf of another person or legal entity
including, without limitation, another business, you represent and warrant that
you have the authority to bind that entity to this EULA and your agreement to
this EULA will be treated as the agreement of the entity. In that event, "you"
and "your" will refer and apply to that entity. If you do not accept this EULA
in its entirety, then Web Internet Security is unwilling to license the
WebSearchy Software to you and you may not access or Use any of the WebSearchy
Software. Any Use of the WebSearchy Software by you under these circumstances
will be considered a violation of intellectual property laws and may subject you
to civil and/or criminal penalties.
1. Modification.
Web Internet Security reserves the right to modify and/or change any of the
terms and conditions of this EULA at any time and without prior notice. If Web
Internet Security materially modifies this EULA it will post the updated EULA as
part of a drop-down menu or notification from the WebSearchy Software via a
hyperlink or by other reasonable means to notify you of the changes. Web
Internet Security will also amend the "Last updated” date at the end of this
Agreement. By continuing to Use the WebSearchy Software after Web Internet
Security has posted a modification of this EULA, you agree to be bound by the
modified EULA. If the modified EULA is not acceptable to you, your only recourse
is to uninstall the WebSearchy Software. This Agreement will also govern any
software upgrades and/or updates provided by Web Internet Security that upgrade
and/or supplement the WebSearchy Software, unless such upgrades and/or updates
are accompanied by a separate license, in which case the terms of that separate
license will apply.
2. The WebSearchy Software.
WebSearchy is a free desktop application that saves your preferred home page and
default search settings so that they can't be changed by software you download
from the Internet. WebSearchy may alert you if a third party attempts to change
your Browser's home page or default search settings. When you set your Browser's
settings using WebSearchy, they will be saved automatically on Chrome™,
Firefox®, and Internet Explorer®. Located on your desktop's taskbar, WebSearchy
lets you manage your Internet Browser's home page and default search settings at
any time by clicking the “Settings” link in the Search Protect dialogue box
accessed via the System Tray or by going to the Tools/Settings/Options tab on
your Browser.
As part of the installation process of the Safe Browse WebSearchy Software, we
may change your Internet Browser settings and/or provide you with the ability to
opt to make changes to your Internet Browser settings. By Downloading or Using
the WebSearchy Software, you agree that you have approved such changes and you
understand that you can reconfigure such settings at any time from the "Options
Menu" available in the WebSearchy Software (to the extent that there is such a
menu), in the Settings options of your Internet Browser (for example, for
web-search related changes). Such changes may include, without limitation, the
following:
1. Change of the default search
engine in your Internet Browser, including your Browser's built-in search box,
if applicable, and address bar;
2. Change of the default home page
and/or new tabs of your Internet Browser, and protect your search settings, if
applicable;
3. Addition of alternative error page
functionality, such as “Page Not Found”, if applicable;
4. Additional search-related services;
5. Allowing software updates of the WebSearchy Software once a new version is
released and the ability to send you notifications;
6. Allow first-party publisher or Partner
Cookies to be installed in your Browser. These Cookies can be controlled through
your Settings on your Browser Controls.
To uninstall the WebSearchy Software, you may use the standard uninstall
procedures offered by your device's Operating System or your Internet Browser,
as applicable. The list below may assist you in choosing the most applicable
option for your operating system and/or Browser.
1. To uninstall software applications in Windows, click Start > Control Panel >
Add / Remove Programs, and then choose the software you want to uninstall.
2. You can also uninstall software applications in Windows by going to Start
Menu > Computer > C Drive > Program Files or Program Files (x86) > [program
name] > Right-click > Delete.
3. To uninstall Internet Explorer Add-ons (Windows), click the settings icon on
Internet Explorer > Manage add-ons > Toolbars and Extensions, and then choose
the extension you would like to uninstall.
4. To uninstall Firefox extensions (Windows or Mac OSX), click Tools on Firefox
> Add-ons > Extensions, and then choose the extension you would like to
uninstall.
5. To uninstall Chrome extensions (Windows or Mac OSX), click the Chrome menu
(or wrench icon) > Settings > Extensions, and then choose the Extension you
would like to uninstall.
6. To uninstall Safari extensions (Windows or Mac OSX), click the Safari
Settings menu or File > Preferences > Extensions, and then choose the extension
you would like to uninstall. To uninstall the Toolbar from your mobile device,
please refer to your mobile device instruction manual or terms of service. For
example, on the Apple iPhone operating system, if you hold down the icon of the
Toolbar you wish to delete until it shakes, you will get an “x” in the corner of
the Toolbar icon and you can tap the “x” to delete the software. Please note
that the Toolbar may include one or more executable files, therefore if you wish
to uninstall one or more Toolbar files, please make sure to look for the
specific Toolbar name on your computer or mobile device.
3. License to Software and Use.
3.1 Conditioned upon your compliance with the terms and conditions of this EULA,
Web Internet Security hereby grants to you a limited, reversible, non-exclusive,
personal, non-sublicensable, non-transferable, non-assignable license to
download, install, enable, and Use the WebSearchy Software on a single computer
or device (whether mobile device or other), solely for your personal Use,
provided that you Use the WebSearchy Software on a computer, device (whether
mobile device or other) owned or controlled by you. You may make a single copy
of the WebSearchy Software for backup purposes. Web Internet Security reserves
all rights in the WebSearchy Software not expressly granted to you in this EULA.
4. License Restrictions.
4.1 Except as expressly specified in this EULA, you may not: (a) copy or modify
the WebSearchy Software; (b) transfer, sublicense, lease, lend, rent, or
otherwise distribute the WebSearchy Software to any third party; or (c) Use the
WebSearchy Software in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with this EULA. You acknowledge and agree that portions of
the WebSearchy Software, including, without limitation, the source code and the
specific design and structure of individual modules or programs, constitute or
contain trade secrets of WebSearchy and its licensors. Accordingly, you agree
not to disassemble, decompile, or otherwise reverse engineer any components of
the WebSearchy Software provided in object code or any other WebSearchy products
or services, in whole or in part, or permit or authorize a third party to do so,
except to the extent such activities are expressly permitted by law
notwithstanding this prohibition.
4.2 Any Open-Source Software that may be accompanying the WebSearchy Software is
provided to you under the terms of the open-source license agreement or
copyright notice accompanying such Open-Source Software or in the open-source
licenses file accompanying the Software. As used herein "Open-Source Software"
means Open-Source software components provided with the WebSearchy Software that
are licensed to you under the terms of the applicable license agreements
included with such open-source software components or other materials for the
WebSearchy Software. This EULA does not apply to any Open-Source Software
accompanying the WebSearchy Software and Web Internet Security hereby disclaims
any and all liability to you or any third party related thereto.
4.3 WebSearchy Software may contain certain Third-Party components embedded
therein (“Third-Party Components”). Such Third-Party Components are owned by
their respective owners. You acknowledge and agree that the Third-Party
Components are a proprietary product of their respective owners and licensors.
You further acknowledge and agree that any and all right, title, and interest in
and to the Third-Party Components, including associated intellectual property
rights, are and shall remain the sole and exclusive property of their respective
owners and licensors. This Agreement does not convey to you an interest in or to
the Third-Party Components, but only a limited right of use, revocable in
accordance with the terms of this Agreement. You may not remove or modify any
markings or proprietary rights notices that appear on the Third-Party
Components. To review the Third-Party Components and their respective licenses,
click here.
4.4 You may not Use the WebSearchy Software in any manner that could: (i)
damage, disable, overburden, or impair WebSearchy Software (or any server or
networks connected to any WebSearchy Software, or (ii) interfere with any third
party's use and/or enjoyment of the WebSearchy Software (or any server or
networks connected to the WebSearchy Software).
5. Updates; Modifications; Additional Services; Tests.
5.1 The WebSearchy Software may automatically download and install updates from
WebSearchy from time to time. In addition, WebSearchy may automatically
configure the WebSearchy Software to perform certain functions required within
the operation of the WebSearchy Software. WebSearchy Software may also
automatically configure third-party software (such as your Browser or operating
system) in connection with your Use of the WebSearchy Software. Download and
install updates and/or configurations, collectively, will be referred herein as
“Software Updates”. Software Updates are designed to improve, enhance, and/or
further develop the WebSearchy Software 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 certain
WebSearchy Software, including Software Updates and/or material changes of this
EULA, WebSearchy will present you with a notification (e.g. a pop-up
notification) of such changes. By downloading and Using the WebSearchy Software
you agree to receive such Software Updates (and permit WebSearchy to deliver
these to you) as part of your Use of the WebSearchy Software. If you do not
agree to such changes, you may uninstall the WebSearchy Software that resides on
your computer, according to the guidelines set forth below.
5.2 The WebSearchy Software is constantly being improved and upgraded as part of
our efforts to provide you with the full value of the product. To enable
continuous Usage and full functionality of the Software, we may need to adjust
the operation of your Browser, including reconfiguring your Browser's settings
(as further described above). By Using WebSearchy Software, you hereby
acknowledge and agree to all such modifications. For further information
regarding manual reconfiguration of Browser settings or uninstall instructions,
please refer to Section 3 above and Section 6 below. Further, you agree that by
Using the WebSearchy Software you may periodically send technical data and
related information WebSearchy to facilitate the provision of updates, product
support, and other services to you, if any, related to the WebSearchy Software.
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 Web
Internet Security may conduct A/B testing and change the look and feel of the
WebSearchy Software or add additional features in order to improve your
experience with the WebSearchy Software.
5.3 You acknowledge that due to version updates of, or other modifications made
by third parties to, your Browser, certain WebSearchy Software will become
temporarily invisible, inoperative, or disabled, and part or all of its features
will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or
the temporary inoperability or malfunction of, the WebSearchy Software, is to
uninstall the WebSearchy Software.
6. Hide, Disable, Uninstall.
6.1 Hide. Part of the WebSearchy Software enables you to hide the user interface
thereof on certain Browsers (e.g. Internet Explorer® and Firefox®) by
right-clicking on the Browser and selecting “Hide” or closing the WebSearchy
Software user interface bar. You acknowledge and agree that in hide mode, all
features, services and/or apps available through the WebSearchy Software will
remain enabled. You may choose to show the WebSearchy Software by right-clicking
on your Browser or through your Browser’s settings.
6.2 Disable. You can disable or enable the WebSearchy Software through its user
interface and/or your Browser’s Settings/Options/Tools button, as applicable. To
disable or enable certain Apps within the Value Apps, click on the Value Apps
user interface or the Extension’s user interface, or through your Browser’s
Settings/Options/Tools button, as applicable, or through the programs menu on
your operating system.
6.3 Uninstall. You can easily uninstall the WebSearchy Software by using the
standard uninstall processes that are available as part of your operating system
(for example, add/remove programs in Windows) or through your Browser’s
Settings/Options/Tool button, as applicable. Specifically, for an explanation on
how to uninstall the Toolbar from your Browser (IE, Firefox, or Chrome) please
go to the Toolbar’s menu --> uninstall. To uninstall Search Protect, please see
instructions here.
7. Proprietary Rights.
7.1 The WebSearchy Software is licensed, not sold, to you. You acknowledge and
understand that WebSearchy owns all right, title, and interest in and to the
Software, including without limitation all intellectual property rights therein.
The WebSearchy Software is protected by United States (and other countries’)
copyright, trademark, other statutory and common law and international treaties.
You will not delete or in any manner alter the copyright, trademark, and other
proprietary rights notices or markings appearing on the WebSearchy Software as
delivered to you.
8. Privacy and Legal Rights.
8.1 The WebSearchy Privacy Policy (available at: http:// WebSearchy.com/privacy)
contains information about WebSearchy's data protection policies and explains
how WebSearchy accesses, collects, uses, and/or shares information that is
generated by your Use of the WebSearchy Software. By downloading and Using any
of the WebSearchy Software, you consent to Web Internet Security’s use of your
data in accordance with WebSearchy's Privacy Policy.
8.2 WebSearchy collects search query information. Such search query information
could be used to serve relevant ads to you and/or to monitor the performance of
the search services.
8.3 Web Internet Security prohibits the violation of a user's privacy rights and
the distribution of materials that are illegal, infringing, or may be deemed
offensive by Web Internet Security, in its sole discretion, as part of its terms
of service and user agreements.
8.4 In the event that Web Internet Security goes through a business transition
such as a merger, acquisition by another company, consolidation, change of
control, reorganization, bankruptcy, or sale or transfer of all or a portion of
its assets, your information will be among the assets transferred.
9. Your Obligations.
9.1 You hereby acknowledge and agree to only Use the WebSearchy Software as
permitted in this EULA.
9.2 You agree to comply with all applicable laws, rules, and regulations when
Using the WebSearchy Software. You will not Use the WebSearchy Software to
infringe upon anyone's rights, including, without limitation, any intellectual
property rights or privacy rights of any person or entity.
9.3 You agree that you are solely responsible for (and that Web Internet
Security has no responsibility to you or to any third party) your Use of any
Third Party Software or App, any breach of your obligations under the EULA, and
for the consequences (including any loss or damage which WebSearchy may suffer)
of any such breach. Minors. To Use the WebSearchy Software, you must be at least
thirteen (18) years of age. We reserve the right to request proof of age at any
stage, so that we can verify that minors under the age of thirteen (18) are not
using the WebSearchy Software. In the event that it comes to our knowledge that
a person under the age of thirteen (18) is using the WebSearchy Software, we
will prohibit and block such a user from accessing the WebSearchy Software, and
will make all efforts to promptly delete any Personally Identifying Information
(as this term is defined in the WebSearchy Software Privacy Policy) with regard
to such a user, as applicable. By downloading and using the WebSearchy Software,
you represent that you are at least thirteen (13) years of age.
10. No Obligation.
Web Internet Security is not obligated to maintain or support the WebSearchy
Software, or to provide you with updates, fixes, or services related thereto.
You understand that during Use of and/or by Using the WebSearchy Software, you
may encounter Third-Party Software that may be deemed offensive, indecent or
objectionable. Nevertheless, you agree to use the WebSearchy Software at your
own risk and that Web Internet Security shall not have any liability to you with
respect to such content.
11. Government Users.
Any Use, duplication, or disclosure of the WebSearchy Software by the U.S.
government is subject to the restrictions as set forth in this Agreement and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR
52.227-14 (ALT III), as applicable. Manufacturer is Adknowledge Ltd.
12. Export Laws.
12.1 You agree to comply fully with all U.S. export laws and regulations to
ensure that neither the WebSearchy Software nor 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 WebSearchy Software nor any technical data related thereto nor any direct
product thereof to any country embargoed by the U.S.
12.2 By downloading and using the WebSearchy Software, you further represent and
warrant that: (a) 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 (b) 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 the WebSearchy Software nor any technical data
related thereto nor any direct product thereof, directly or indirectly, to
persons on the above-mentioned lists. You will not Use the WebSearchy Software
for, and will not allow the WebSearchy Software 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.
13. Disclaimer of Warranties.
In addition to the limitations of Web Internet Security’s liability expressly
contained in this Agreement, Web Internet Security further disclaims any
warranty related to your Use of WebSearchy Software. You acknowledge and agree
that you assume all the responsibility and risk for your Use of the Software and
the results and performance thereof and your use of any Third-Party Software.
THE WebSearchy SOFTWARE IS
PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF
ANY KIND. WEB INTERNET SECURITY 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 WEB
INTERNET SECURITY OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED IN THIS AGREEMENT. WEB INTERNET SECURITY DOES NOT REPRESENT OR
WARRANT: (I) THAT THE WEBSEARCHY SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP
WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE
CORRECTED; (II) THAT THE OPERATION OF THE WEBSEARCHY SOFTWARE OR ANY THIRD-PARTY
SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED
THEREFROM WILL BE ACCESSIBLE TO YOU; OR (III) THE ACCURACY, TIMELINESS,
COMPLETENESS, OR ADEQUACY OF THE WEBSEARCHY SOFTWARE, ANY THIRD-PARTY SOFTWARE
OR APP, AND ANY DATA ACCESSED THEREFROM. WEB INTERNET SECURITY MAY CHANGE OR
DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSEARCHY SOFTWARE OR THE USE OF ALL
OR ANY FEATURES OR TECHNOLOGY IN THE WEBSEARCHY SOFTWARE OR THE THIRD-PARTY
SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR
REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSEARCHY
SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE WEBSEARCHY SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability.
IN NO EVENT WILL WEB INTERNET SECURITY, 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, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO
USE THE WEBSEARCHY SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF
LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT
LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT WEB INTERNET
SECURITY 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 WEB INTERNET SECURITY'S AGGREGATE LIABILITY FOR ANY CLAIM
ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSEARCHY
SOFTWARE. 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.
15. Choice of Law
and Venue.
This Agreement
shall be interpreted and enforced in all respects under the laws of the State of
Missouri, USA as applicable to contracts to be performed entirely within the
State of Missouri, USA. Any litigation arising out of this Agreement will be
brought solely and exclusively in the state or federal courts located in Kansas
City, Missouri, and the parties agree that jurisdiction and venue properly lie
in such courts and waive any claim that a proceeding in any such court has been
brought in an inconvenient forum. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply to this Agreement.
16. ARBITRATION
This section
applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE
ENFORCEMENT OR VALIDITY OF YOUR, WEB INTERNET SECURITY’S, OR EITHER OF OUR
LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The terms “complaint” and “dispute”
mean any dispute, action, complaint, or other controversy between you and Web
Internet Security concerning the Services or this Agreement, whether in
contract, warranty, tort, statute, regulation, ordinance, or any other legal or
equitable basis. “Dispute” will be given the broadest possible meaning allowable
under law. We hope that any disputes
that you have relating to our Site or our Services can be resolved by contacting
Web Internet Security’s customer service at legal@webinternetsecurity.com. If,
however, we are unable to resolve any complaint or dispute informally, any
complaint or dispute arising out of, relating to, or in connection with these
Terms of Service (or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of
this agreement to arbitrate) and the Services themselves shall only and
exclusively be resolved by submission to mandatory, final and binding
arbitration by the American Arbitration Association or its successor (“AAA”). If
AAA ceases to provide arbitration service, then the term “AAA” shall mean and
refer to J.A.M.S. The arbitration shall only be conducted in Kansas City, MO
before a single arbitrator, in the English language. The arbitrator shall be a
retired judge or justice, or a duly licensed attorney with no less than 15 years
of experience in arbitrating commercial disputes involving the retail sale of
goods and services. If the parties cannot agree upon an arbitrator within ten
days of the filing of the demand for arbitration, the AAA shall select the
arbitrator. Either party may commence arbitration by filing a written demand for
arbitration with AAA and delivering a copy of such demand to the other party.
The arbitration shall be held under the Commercial Arbitration Rules with
Expedited Procedures of the AAA then in effect (or the J.A.M.S. Streamlined
Arbitration Rules and Procedures in effect at the time the demand for
arbitration is filed). Unless both
you and we agree in writing otherwise, the arbitrator may not consolidate more
than one person's claims or preside over any form of a representative or class
proceeding. The arbitrator's determination shall be set forth in a brief,
written statement reasonably explaining the disposition of the dispute and the
amount of any award. The parties shall split the costs of all invoices issued by
the AAA to conduct the arbitration but shall otherwise bear their own costs.
Notwithstanding anything to the contrary herein, either party may seek
injunctive relief in a court of competent jurisdiction to prevent irreparable
harm from occurring prior to the selection of the arbitrator.
ANY ARBITRATION
UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU
AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. BY
AGREEING TO ARBITRATE, YOU EXPRESSLY WAIVE ANY RIGHT TO A COURT OR JURY TRIAL
AND RIGHT TO PARTICIPATE IN A CLASS ACTION.
CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE
CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
For any
non-frivolous claim that is less than $10,000, we will pay the filing fee for
the arbitration; provided, however, that if the arbitrator finds that your claim
or relief sought is frivolous or brought for an improper purpose you shall
promptly reimburse us all amounts paid by us that are your obligation to pay
under the AAA rules. If the
arbitrator grants an award in your favor based on the merits of your claim and
such award is greater than the value of Web Internet Security's last written
settlement offer to you before an arbitrator was selected, then Web Internet
Security will pay you up to twice the amount of the award up to a maximum
aggregate amount of $10,000.
If we make any
amendment to the arbitration provisions, you may reject any such amendment by
sending us written notice to the contact address provided below within thirty
(30) days after such amendment. By
rejecting any such amendment, you agree that you will arbitrate any dispute in
accordance with this Agreement.
CONTACT
Web Internet Security
Attention: Counsel
21301 S Tamiami Trail
Suite 320 #108
Estero, FL 33928
17. Indemnification.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold
Web Internet Security 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
Websearchy Software, including your downloading, installation, or Use of the
WebSearchy Software, or your violation of this EULA.
18. Term and Termination.
Your license to Use the WebSearchy Software under this EULA shall continue until
it is terminated by either party. You may terminate this EULA at any time by
discontinuing the Use of all or any of the WebSearchy Software and by destroying
all copies of the WebSearchy Software in your possession and control. This EULA
and the license granted to you under this EULA will terminate automatically if
you breach any term of this EULA. Upon termination, you must at Web Internet
Security’s request either promptly destroy or return to Web Internet Security
all copies of the WebSearchy Software in your possession or control. Sections 2,
3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
19. Miscellaneous.
(a) This EULA and all the policies referenced herein constitute the entire
agreement between Web internet Security and you concerning the subject matter
hereof, and it may only be modified by a written amendment signed by an
authorized executive of Web Internet Security. (b) The section titles in this
EULA are provided solely for convenience and have no legal or contractual
significance. (c) If for any reason a court of competent jurisdiction finds any
provision of his EULA or portion thereof to be unenforceable, that provision of
this EULA shall be enforced to the maximum extent permissible so as to affect
the intent of the parties, and the remainder of this EULA shall continue in full
force and effect. Web Internet Security reserves the right, at our discretion,
to update or revise this EULA. (d) Except as required by law, the controlling
language of this EULA is English. In the event of inconsistency or discrepancy
between the English version and any other language version, the English language
version shall prevail. (e) You may not assign your rights under this EULA to any
party without Web Internet Security’s consent. Web Internet Security may assign
or transfer this Agreement or any rights or delegate any obligations of Web
Internet Security hereunder to any third party at its sole discretion and
without providing any notice to you or obtaining your consent. Web Internet
Security will be released of all rights or liabilities under this Agreement upon
consummation of such assignment, transfer, or delegations. (f) If any provision
of this EULA shall be deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this EULA and shall not
affect the validity and enforceability of any remaining provisions. (g) Nothing
in this EULA will be construed as creating a joint venture, partnership,
employment, or agency relationship between you and Web Internet Security, and
you do not have any authority to create any obligation or make any
representation on Web Internet Security’s behalf.