Terms of Service

[Last Modified: March 7, 2018]

The company ("we", "us" or "Company") owns and operates the search product currently known as browsevale.com ("Offer"). Your ("you" or "user(s)") use of the Offer and our Services, defined below, is subject to these Terms of Service ("Terms of Service") and our Privacy Policy, together called the "Terms".

These Terms form an electronic contract and a legally binding agreement between you and us. You warrant that you are eligible to enter into this agreement and are at least 13 years old. You also acknowledge the class action waiver and arbitration provision described in the dispute resolution section below. Accessing or downloading the Offer, or using the Service, confirms that you have read, understood and accepted these Terms and agree to comply with applicable laws and regulations when using the Service. If you do not accept these Terms, you have no authorization to access or use the Service in any way.

Service and License

The Offer lets you personalize your browsing experience and will change your browser's search settings. Use of the Offer and its features is referred to collectively as the "Service(s)". The Services are available solely for personal, non-commercial use. Provided you accept and comply with these Terms, you receive a limited, revocable, non-transferable and royalty-free license to use the Service ("License"). Use is permitted only on a single device that you own or control.

User Assurances and Use Restrictions

You must use the Services in accordance with all applicable laws, rules, regulations and industry standards. You agree not to: (i) bypass, disable or interfere with any security feature of the Offer or Service; (ii) copy, sell, lease, share, sublicense, distribute or otherwise transfer the Offer or Service; (iii) modify, alter, create derivative works from, reverse engineer, decompile or disassemble the Offer, or otherwise try to access its source code; (iv) remove, deface, hide or change any copyright, trademark or other proprietary rights; (v) access the Services through automated means, including scraping, crawling, data mining, robots, spiders or other automatic devices; or (vi) use the Services illegally, fraudulently or in breach of these Terms, including infringing or misappropriating intellectual property or third-party privacy rights.

At our sole discretion, we may limit, deny or cancel any or all Service functionality at any time without advance notice. We may also suspend, remove, restrict or disable your access to some or all of the Service at any time, without notice or liability and at our sole discretion. The Company will not be liable for any suspension, removal, restriction or disabling of access to the Service or its features.

Ownership and Reserved Rights

Except for the rights expressly granted in these Terms, we retain all express and implied rights in the Service, its derivatives, improvements and modifications, and all related intellectual property rights. Trademarks, service marks, product names and trade names displayed on or through the Service belong to us or their respective third-party owners.

Content Provided by Third Parties

The Services may contain third-party content or links to third-party websites (together, "Third Party Content"). Use of Third Party Content through the Services is governed by the relevant third party's terms and conditions. We neither control Third Party Content nor have any duty to inspect, review or monitor it. We are not responsible for its accuracy, completeness, appropriateness or legality. You use Third Party Content entirely at your own risk and responsibility. Its availability through the Service does not imply our endorsement or authorization. We may remove or delete Third Party Content without notice. You waive any claims, legal rights or remedies against us relating to Third Party Content.

Updates and Upgrades

We may choose, at our sole discretion, to supply and automatically install updates or upgrades to the Services from time to time. You consent to receiving them without advance notification. If we consider an update or upgrade to involve material changes, we will give you appropriate notice.

The foregoing does not require us to supply any new version, update or upgrade of the Services.

Warranty Disclaimer and Limits on Liability

To the fullest extent allowed by law, the Company gives no warranty and has no obligation to supply support, upgrades or updates for the Offer or Services. We do not guarantee that the Service will always be available or operate without errors or interruptions, and we are not responsible for unauthorized access to or use of the Services. The Services and related features are supplied AS-IS and AS-AVAILABLE, without warranties of any kind. To the maximum extent permitted by applicable law, the Company disclaims every express or implied warranty, including warranties concerning design, operation, fitness for a particular purpose, satisfaction, merchantability and non-infringement. You bear all risk resulting from use of or reliance on the Services.

The Company and its officers, employees, licensors, affiliates, successors and assigns have no liability to you or any third party for matters arising from these Terms or your use of, or inability to use, the Services, whether in contract, tort or otherwise. This exclusion covers direct, indirect, special, incidental, exemplary, punitive and consequential damages, including lost or damaged business earnings, loss of goodwill, lost profits, lost data, computer damage, system failure and the cost of obtaining substitute goods or services suffered by you or a third party, even if we have been expressly advised that such damages could occur. Your sole right or remedy for errors or dissatisfaction with the Services is to stop using them and uninstall. Regardless of the foregoing, to the fullest extent allowed under applicable law, the Company's total liability for any claim arising from or relating to the Services or these Terms will never exceed the cost of the Services.

Indemnification

You agree to indemnify, defend and hold harmless the Company and its employees, officers, directors, subsidiaries, affiliates and other partners against all claims, demands, suits, costs, damages, losses, liabilities and expenses, including legal expenses and reasonable attorneys' fees, arising from or incurred because of your use of the Services or breach of these Terms. You alone are responsible for your actions when using the Services.

Duration and Termination

These Terms take effect on the date you accept the Offer. You may discontinue use of the Services and uninstall the Offer at any time through your browser's standard uninstall procedures. Without affecting any other rights, the License and these Terms end immediately and without notice if you fail to comply with any provision. We may also terminate these Terms and discontinue, terminate, suspend or modify any part of the Service at any time, with or without advance notice and with or without cause.

Privacy Practices

The Company respects users' privacy rights and handles and stores their data solely to provide and enable the Service. Before using the Service, please read our Privacy Policy.

Resolving Disputes

If a dispute arises with us, please first contact us and attempt an informal resolution. If those informal, friendly efforts do not resolve the dispute, you and the Company agree that any claim will be resolved exclusively through binding arbitration by the AAA (the American Arbitration Association). By entering into these Terms, both you and the Company waive the right to a jury trial and the right to participate in a class action. Claims must be brought in the parties' INDIVIDUAL CAPACITY, rather than as a plaintiff or class member in a purported class or representative proceeding, and the arbitrator cannot consolidate the claims of more than one person. This provision remains effective after these Terms terminate. To opt out of arbitration, you must send the Company a clear written statement expressing that choice ("Opt-Out Statement"), including your full name and residential address. These Terms are governed by and interpreted under the laws of the State of New York, without applying conflict-of-law principles. The United Nations conventions on contracts for the international sale of goods will specifically not apply, even if otherwise applicable. You agree to resolve any dispute with us exclusively in a state or federal court in New York, Manhattan. Any cause of action relating to the Service must be brought within one (1) year of the incident giving rise to it and is permanently barred after that period.

Revisions to the Terms

We may, at our discretion, revise or update these Terms at any time. Changes become effective when the amended Terms are published, and the Last Modified heading will show the most recent revision. YOUR CONTINUED USE OF THE SERVICES AFTER THAT PUBLICATION CONFIRMS YOUR CONSENT TO THE CHANGES AND YOUR AGREEMENT TO BE BOUND BY THEM. PLEASE REVIEW THE TERMS REGULARLY.

Contact Us

To ask a question about these Terms or report a violation, use our contact form at contact.html or email info@browsevale.com.