IMPORTANT NOTICE: THESE TERMS OF THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 8 BELOW. PLEASE READ THE SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
SECTION 1: AGREEMENT MODIFICATION
PerfectBrowserTools may modify this Agreement at any time in its sole discretion. You can see when the last updates were made by the date on the bottom of this Agreement. Your continued use of the Site and Software following any modification constitutes your acceptance of the Agreement as modified. If you do not wish to be bound by such modification, you must uninstall the Software and cease your use of the Site.
SECTION 2: SOFTWARE AND THIRD-PARTY PROMOTIONS
The Software gives you free access to simple utilities and tools that allow you to track pages, convert currency, calculate mortgages, and other useful and entertaining resources on the Site. In exchange for such exclusive content, the Software is supported by promotions owned by third parties (“Third-Party Promotions”). If you would like to remove all Third-Party Promotions, please review the Uninstall instructions on our Site.
The Software may automatically enable new features or functionality, download upgrades and install fixes without prior written notice. In addition, all content, features and promotions of the Site and Software may automatically be modified, updated, enabled or disabled at any time and without prior written notice to you. If you cannot agree to any part of this Agreement, please cease your use of the Site and uninstall the Software.
SECTION 3: LICENSE AND RESTRICTIONS
PerfectBrowserTools hereby grants you a limited, revocable, non-sublicensable license to use the Site and install the Software solely for your non-commercial, personal use in accordance with this Agreement. The Site and Software are protected by copyright, trademark and other intellectual property laws, and as between you and PerfectBrowserTools, PerfectBrowserTools owns and retains all right, title and interest in and to the Site and Software. Except as expressly allowed by this Section, you may not copy, distribute, upload, reproduce, duplicate, modify, download, translate, retransmit, publish, sell or otherwise use the Software or any portion thereof.
In addition, you agree not to do any of the following in connection with your use of the Site and/or Software:
Use the Site and/or Software in any manner that is in violation of this Agreement or any applicable laws, rules or regulations.
Violate the rights of any third parties, including those relating to intellectual property (copyrights, trademarks, privacy, publicity, or other proprietary rights).
Violate any third-party agreements, including licenses, terms and conditions and privacy policies of any third parties from the Third-Party Promotions.
Use the Site and/or Software for any commercial gain or purpose.
Introduce, utilize or create any viruses, worms, bots or other malicious code, files or programs into the Site and/or Software.
Circumvent or modify any mechanism used in relation with the Site and/or Software.
Interfere with, damage, disable, or in any way disrupt or gain unauthorized access to the Site and/or Software or any of PerfectBrowserTools’s servers or networks.
SECTION 4: COPYRIGHT INFORMATION AND DMCA
PerfectBrowserTools respects the intellectual property rights of third parties. Accordingly, you may not make available any material that infringes any copyright rights of any person or entity. Although PerfectBrowserTools cannot check for this type of activity, we take all complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (DMCA) very seriously. Therefore, if you believe there is any material on the Site that allegedly violates your copyright, please send us an email at , and we will respond accordingly and quickly resolve the matter in a reasonable amount of time.
SECTION 5: HOW TO UNINSTALL
You may uninstall the Software at any time by following the instructions available on the Uninstall page on our Site. Please contact us at if you are still having trouble after attempting these steps.
SECTION 6: WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND SOFTWARE IS SOLELY AT YOUR OWN RISK. THE SITE AND SOFTWARE ARE PROVIDED "AS-IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY ARISE FROM YOUR USE OF THE SITE AND/OR SOFTWARE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERFECTBROWSERTOOLS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE AND SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
IN ADDITION, PERFECTBROWSERTOOLS MAKES NO WARRANTIES OR REPRESENTATIONS THAT (A) THE SITE OR SOFTWARE WILL BE SECURE, ERROR FREE OR UNINTERRUPTED, (B) ANY ERRORS OR DEFECTS RELATED TO THE SITE OR SOFTWARE WILL BE CORRECTED, (C) THE SITE AND SOFTWARE ARE FREE OF ANY VIRUSES, WORMS, COMPUTER BUGS OR OTHER HARMFUL COMPONENTS, OR (D) ANY CONTENT, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE AND SOFTWARE WILL BE ACCURATE OR RELIABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERFECTBROWSERTOOLS OR ITS PARENTS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, CONTRACTORS OR AGENTS (REFERRED TO COLLECTIVELY, THE "PERFECTBROWSERTOOLS PARTIES"), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN RELATION WITH THE USE, ACCESS OR INSTALLATION OF THE SOFTWARE AND THE SITE, OR FROM ANY CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SITE AND SOFTWARE, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (EVEN IF PERFECTBROWSERTOOLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY DATA LOSS, PROPERTY DAMAGE OR TECHNICAL DEFECTS ARISING FROM THE USE OR ACCESS OF THE SITE OR SOFTWARE, OR (C) ANY DAMAGES OR LOSSES CAUSED BY OR ASSOCIATED WITH THE UNAUTHORIZED ACCESS OR USE OF PERFECTBROWSERTOOLS’S SERVERS, SITE, SOFTWARE OR EQUIPMENT, OR ANY VIRUSES OR OTHER HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE SITE OR SOFTWARE.
THE TOTAL LIABILITY OF PERFECTBROWSERTOOLS AND PERFECTBROWSERTOOLS PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR BASED ON YOUR USE OF THE SITE OR SOFTWARE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO PERFECTBROWSERTOOLS TO USE THE SITE OR SOFTWARE.
SECTION 7: AGREEMENT TO PRE-ARBITRATION NOTIFICATION OF DISPUTE
This Agreement provides for a final, binding arbitration of all claims. PerfectBrowserTools and you agree that it would be advantageous to discuss and resolve any disputes in good faith before arbitration proceedings or any other proceedings authorized herein begin. In the event of a dispute, you shall send an email notice summarizing the claim and the request for relief to . If the dispute cannot be resolved in good faith and within sixty (60) days after the initial notice is sent, you may proceed to initiate the arbitration proceeding or any other proceedings authorized herein.
SECTION 8: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Any claim, controversy or dispute arising out of or relating to this Agreement based on your use of the Site or Software shall be resolved by binding and final arbitration. The American Arbitration Association (“AAA”) shall administer the arbitration, under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules"). If the parties and/or the arbitrator do not request a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will then make an award only based on documents that were provided, known as a Desk Arbitration. If any party makes a written request for a hearing within ten (10) days after AAA acknowledges receipt of a claimant's demand for arbitration, or if it is the arbitrator who requests such hearing, the parties shall participate in a telephone hearing. The parties acknowledge that in no event shall either party be required to travel to participate in the arbitration. This arbitration section is subject to the Federal Arbitration Act. Either party may seek enforcement of this section in any court of competent jurisdiction.
The arbitrator shall determine any challenges to the arbitrability of a claim.
The arbitral award shall judicially be enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek enforcement and/or confirmation (i.e., judgment on the award) in any court of competent jurisdiction.
Notwithstanding anything contrary in the Rules, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any such arbitral proceeding.
Both you and PerfectBrowserTools waive the right to bring any claim covered by this dispute resolution provision as a class, representative, consolidated, collective, or private attorney general action, or to participate in a representative capacity, class, consolidated, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding anything contrary in the Rules, the arbitrator shall not have the authority to hear the arbitration as a class, representative, consolidated, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into a single proceeding.
If a proposed class, representative, consolidated, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition, and it is finally determined by the arbitrator or a court of competent jurisdiction that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows, notwithstanding anything to the contrary in the Rules. (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
SECTION 9: OPTING OUT OF ARBITRATION AND CLASS ACTION WAIVER
You may choose to opt out and exclude yourself from the final, binding arbitration and the class action waiver specified in this Agreement. In order to do so, you must, within 15 days of installing the Software or visiting the Site, send a written notice by email to and include the following information: (i) your full name, (ii) your email address, and (iii) a request to be excluded from the final, binding arbitration and class action waiver specified in this Agreement. All other terms of this Agreement shall continue to be in full force and effect, including the requirement for pre-dispute notification and mediation. We must receive your notice within the applicable 15-day deadline of installing the Software or visiting the Site in order for the notice to be effective.
SECTION 10: GOVERNING LAW
This Agreement, and any claim or dispute arising from or relating to your use of the Site or Software, shall be governed by the laws of the state of California, without respect to its choice of laws rules. In addition, any controversies or disputes brought under Section 8 shall be brought in the courts of the state of California.
SECTION 11: INDEMNIFICATION
SECTION 12: MISCELLANEOUS
The failure of PerfectBrowserTools to enforce or exercise any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision of this Agreement is void, unlawful or unenforceable, that provision is deemed severable from this Agreement but such severance of that provision does not affect the enforceability and validity of any remaining provisions. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and PerfectBrowserTools concerning the Site and Software.
SECTION 13: CONTACT US
If you have any questions about the Software or this Agreement, please contact us by email at .
Last Updated: 10/22/2021