This End User License Agreement ("EULA") governs your use of our Product (as defined herein), including any modifications, updates, upgrades, new releases and related documentation and us.
Acceptance of the EULA
Please read this EULA carefully before installing or using our Product and any feature provided in it. This EULA, as well as our Privacy Policy, constitutes an enforceable, legally binding agreement between you and us. By clicking the "ACCEPT" or "ADD" button (or similar button) and installing our Product, you acknowledge that you have read, understand and agree to be bound by this EULA, which also gives effect to the class action waiver and arbitration provision as detailed in the Dispute Resolution section of this EULA. Therefore, if you do not agree to any provision of this EULA or if applicable law prohibits you from accepting this EULA, you may not use our Product.
Amendments
We may from time to time make changes to this EULA at our discretion and without notice. We will use our best efforts to provide notice, in such form as we deem applicable, of what we believe to be material changes to this EULA. Changes to this EULA will be effective as of the "Last modified" date listed above, and your continued use of our Product after that date will constitute acceptance and agreement to those changes.
Eligibility and age restrictions
You hereby represent and warrant that you have the authority to enter into this EULA and any authority, court order or law shall not prohibit you from entering into any agreement if you are acting on behalf of the corporation, you have full authority to enter into this EULA. You further represent and warrant that you are legally competent to enter into this EULA and that you meet the age requirement to enter into this EULA, in particular, at least thirteen years of age if you are in the United States or at least sixteen years of age if you are in the EU. If you are in any other jurisdiction, you are over the age defined as a "child" under applicable law. We reserve the right to request proof of age at any stage so that we can ensure that children (as defined by applicable law) are not using our Productos. If you are under 18, please be sure to read this EULA with your parents or legal guardians.
Scope of services
Our Product that you install is a browser add-on that blocks advertisements including video ads, interstitial ads and floating ads, pop-ups, banners, advertisements and text ads. Please note that we do not own, develop, control, monitor or verify the aforementioned advertising content or the websites on which it appears.
License and intellectual property rights
Subject to your compliance with this EULA, we hereby grant you a personal, non-commercial, limited, revocable, non-transferable, non-sublicensable and non-exclusive right and licence to use, access, download and install our Product. Except for the limited license granted herein, we reserve all rights and interests in and to our Product, including all trademarks, service marks, components, code, protocols, software and documentation, and any derivative works thereof or improvements and modifications shown on or embodied in our Product, which are our property or the property of our licensors and protected by international copyright, trademark, patent and other proprietary rights and laws. You may not use, delete, alter or remove any copyright, trademark or other proprietary rights notices embodied in our Product. We reserve the right to disable access to the Product by anyone who uses it to infringe intellectual property rights.
Assurances and guarantees
You hereby represent and warrant that you are the owner or authorised user of the device on which the Product is installed, that you will install the Product and use it only in accordance with our instructions, and that you will use the Product in full compliance with all applicable laws, rules and regulations.
Restrictions of use
Except as expressly provided in this EULA, you may not and may not permit anyone else directly or indirectly - copy, share, distribute, rent, lease or offer for resale the license granted herein; - bypass, disable or otherwise interfere with the security features of the Product or interfere with other users' use of the Product; - copy, modify, decompile, disassemble, create derivative works or reverse engineer the Product or any part thereof, including any source code; - Use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce or distribute the content available in the Product, or manipulate the Product in any way; - use our name, logo or trademarks without prior written consent; - use the Product for any fraudulent, unlawful or improper purpose, including, infringing or misappropriating any intellectual property rights, violating the privacy rights of any third party or in violation of this EULA.
Disclaimer of warranty
The product is provided "AS IS" and "AS AVAILABLE. We expressly disclaim all warranties regarding our product, express or implied. We make no warranty that our product will be available at all times, is secure, or free of viruses, worms, other harmful components, or software limitations. Please note that any use of or reliance on our product or any information provided therein is at your sole risk. We are not and will not be liable for any damages that result from your use of our product, including, without limitation, any loss of data or other damage to your device. We make no warranty that we will correct any errors, defects or omissions.
Limitation of liability
In no event shall we 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 damages arising from or related to this EULA or your use or inability to use our product. Some jurisdictions do not allow the exclusion or limitation of liability for damages, in such jurisdictions our liability must be limited to the extent permitted by law.
Reimbursement of losses
You hereby expressly agree to indemnify, defend and hold us harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney's fees) arising from your use of our Product or your violation of this EULA.
Termination EULA
This Agreement comes into effect when you install or start using our Product. We and the user may terminate this Agreement at any time. We may terminate this Agreement immediately without further action or notice, with or without cause. You may discontinue using our Product at any time and for any reason by removing our Product and ceasing to use it. To uninstall a Product, use the standard uninstallation procedures available through your browser's Settings and remove the extension. Please note that any termination, by us or the user, may result in the destruction of data related to the user's use of our Product. The Company is not responsible for the termination, suspension, deletion of users' access to the Product or any part thereof.
Updates and changes to our product
We may at any time and at our sole discretion change, modify, add or remove features and functionality of our Product without prior notice. When the Product is installed on your computer, the Product periodically contacts our servers to request automatic updates to filtering rules and behavior. You hereby agree that we may automatically download and install updates to the filtering and behavioral rules of the Product from time to time without notice. These updates are designed to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced features, new software modules and completely new versions. You agree to receive such updates as part of your use of the Product. Notwithstanding the foregoing, we are not obligated to provide any features, functionality, updates or bug fixes. If you are not satisfied with our Product, your only option is to discontinue use and uninstall the Product.
Privacy policy
By using our Product, you may allow us or third parties to access, collect and process certain information. Our data collection and privacy practices with respect to your information are detailed in our Privacy Policy, which we encourage you to review periodically.
Dispute resolution
If you have any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If we are unable to resolve the dispute with you informally, we agree to resolve any claim and, unless otherwise required by mandatory law, dispute or controversy arising out of or in connection with or relating to this EULA by binding and exclusive arbitration before the American Arbitration Association ("AAA"). All claims must be brought in your individual capacity as parties and not as a claimant or class member in any purported class or representative proceeding, and the arbitrator may not consolidate the claims of more than one person. You agree that by entering into this EULA, you and we waive the right to a jury trial or to participate in a class action. If you wish to waive this arbitration provision, you must decline to use our Product. This arbitration agreement shall survive termination of this EULA. This EULA shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles, and shall not be governed by United Nations conventions on contracts for the international sale of goods, if any. With respect to any claim at law or in equity arising out of the arbitration provision of this EULA, you agree to resolve any dispute you have arising solely in a state or federal court located in New York, Manhattan, and submit to the personal jurisdiction of the courts located in New York County for purposes of litigating all such disputes. Any cause of action you may have with respect to the Product is limited in time to one month from the occurrence and will be forever barred thereafter.
Miscellaneous
This EULA constitutes the entire agreement between the parties with respect to the use of our Product. If any provision of this EULA is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision in other circumstances or the remaining provisions of this EULA in any circumstance. Our failure to enforce any rights or to take action against you in the event of any breach of this EULA shall not be deemed a waiver of such rights or subsequent actions in the event of future breaches. This EULA and any rights granted herein may not be assigned by you without our prior written consent. We may assign our rights under this EULA to any third party in our sole discretion.
