License Agreement (EULA)
What is the EULA for AdvanceMark?
The following License Agreement have been republished from advancemark.info/Terms and/or the program's installer.
Important, if you have AdvanceMark installed on your computer or you plan on installing it, please read the Terms below very carefully as there are potential issues that you should understand.
Recommendation: Remove AdvanceMark
BY INSTALLING THE SOFTWARE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH
INCLUDE AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, DISCLAIMER OF WARRANTIES, AND
LIMITATION OF LIABILITY.
The terms set forth in this End User License Agreement (this "Agreement") are conditions upon which
AdvanceMark (the "Company", "we" or "us") shall grant computer end users ("you” or "your") a limited
license to install and use the AdvanceMark browser software (the "Software"). Use of the Software is
available at http://advancemark.info/Privacy. The Software is supported by advertising (including
search, banner, text link, transitional, interstitial and full page), which is not associated with or endorsed
by any underlying websites.
The Software is directed for use by adults. By installing the Software, you acknowledge that you are of
legal age to form a binding contract and authorized to install the Software on your computer, and you
agree to comply with all applicable laws, rules and regulations. The Company is based in the United
States, and the Company makes no representations that the Software is appropriate for use in other
locations. Users who access or use the Software outside of the United States are responsible for
compliance with local laws.
SOFTWARE FEATURES, AUTOMATIC UPDATES, AND ADVERTISING
The Software provides a suite of web browsing features that customize and enhance your interaction
with various websites by rendering graphics, text, or other functional or interactive content in your
browsers. Software features include, without limitation, tools and applications for search, text
referencing, social media, website ratings and reviews, coupons, and comparison shopping for various
products and services, including travel and insurance services, and a variety of e-commerce
merchandise. The Software may also be used remotely to support computing research programs. All
browsers must close to install the Software, and the Software will be automatically enabled for all users
of your computer upon restart. The Software may automatically and without notice to you, download
and install updates, upgrades, fixes, enhancements, releases and new versions, and enable additional
features or functionality.
The Software is supported by various types of advertising displayed in your browser, including, without
limitation, search-related ads, banner and video ads, in-text ads and links, transitional, interstitial and
full page ads. Ads and features that appear on websites by using the Software are not associated with or
endorsed by any underlying websites. Some Software features and ad placements may contain links to
further information or disabling instructions (e.g. clicking "About this Ad" or the ad logo/icon). All
Software features, content and advertising may be updated, modified, added, enabled, disabled or
discontinued at any time automatically and without notice to you. If at any time you are dissatisfied with
the Software or any features, content or ads displayed through the Software, please uninstall the
Software as instructed below.
PLEASE NOTE THAT DISABLING A SINGLE FEATURE OR AD PLACEMENT WILL NOT DISABLE OR REMOVE
OTHER FEATURES OR ADS. TO REMOVE ALL SOFTWARE FEATURES AND ADVERTISING FROM ALL
BROWSERS, PLEASE UNINSTALL THE SOFTWARE AS INSTRUCTED BELOW.
DISCLAIMER OF THIRD PARTY ADS AND OFFERS
The Company is not affiliated with or responsible for any third party websites, products, services,
memberships, subscriptions, reward programs, contests, sweepstakes, surveys, questionnaires, free
trials, or other offers promoted in any advertisements, pages or links made available through the
Software ("Third Party Service"). When you click on an ad or link, submit information, or otherwise
engage with a Third Party Service, you are interacting with the third party, not with the Company. Your
access, interaction, purchase or use of any Third Party Service is at your own risk, and any information
provided by you or collected as a result of such use shall be governed by the privacy policies, terms of
use or other agreements applicable to such Third Party Service. All complaints or inquiries related to any
Third Party Service must be directed to such Third Party Service. Please uninstall the Software if you
deem any Third Party Service ads or links objectionable for any reason.
WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION TO ANY THIRD PARTY SERVICE
UNLESS YOU KNOW AND ARE COMFORTABLE WITH SUCH THIRD PARTY SERVICE.
UNINSTALLING THE SOFTWARE
The Software may be uninstalled at any time using the customary Windows PC operating system
procedure described below. If you are still having trouble after trying these steps, please contact us by
email at firstname.lastname@example.org.
To uninstall from a Windows PC, go to the Windows Start Menu %3E Control Panel %3E Add/Remove (or
Programs 8: Features in Vista/Windows 7 and 8) and select Remove or Uninstall for AdvanceMark.
After uninstalling, please clear your Browsing History AND Cache ("Temporary Files" in l.E.) in each of
your browser programs (Ctrl+Shift+DeIete to access), and restart your computer. Please note that
certain non-executable files may remain on your system after uninstalling the Software. These files are a
record of your download, and may be used to help prevent fraud and improve the Software if you
choose to download the product again.
OPTIMIZING BROWSING SETTINGS
Certain browsing settings may be automatically adjusted to optimize the performance of the Software.
You may change these settings at any time.
Two Second Load Time (ON) Notifies the user when the aggregate load time of all browser add-ons
exceeds two seconds. (IE 9)
Instant Search Results (OFF) Predictive (instant) search engine results are not displayed.
New Tab for Result (ON) Clicking on a SERP link will open the page in a new browser tab window.
LICENSE AND RESTRICTIONS
Upon your assent to this Agreement, the Company hereby grants you a limited, revocable,
nonsublicensable license to install and use the Software solely for your personal, non-commercial use in
accordance with the terms and conditions of this Agreement. The Software is protected by copyright,
trademark and other laws, and as between you and the Company, the Company owns and retains all
right, title and interest in and to the Software at all times. Except as expressly permitted by the
Company, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify,
translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use the
Software or any portion thereof.
You agree not to do any of the following in connection with your use of the Software:
o Use the Software for any commercial purpose or gain.
o Modify the Software or create any works or materials derived from the Software.
o Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity,
or other proprietary rights.
o Violate any third party licenses or agreements, including software licenses, website terms and
conditions, and privacy policies.
o Harass or harm another person.
o Post, transmit or link to content that is harmful, threatening, violent, discriminatory, obscene,
pornographic, defamatory, false, misleading, tortious or unlawful.
o impersonate or attempt to impersonate any person or entity.
o Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or
o Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain
unauthorized access to the Software or any Company servers, networks or accounts.
o Circumvent or modify any technology or mechanism used in connection with the Software,
including any mechanisms used to restrict access.
o Use the Software in any manner inconsistent with this Agreement or any applicable laws, rules
USER GENERATED CONTENT
You understand that you are responsible for all content that you post, upload or transmit on or through
certain user generated content features of the Software, including without limitation, website ratings
and reviews (collectively, "User Content"). You understand that the Company does not control the User
Content and assumes no responsibility or liability for objectionable User Content. If you become aware
of misuse of the Software, please report this immediately to the Company. The Company assumes no
responsibility for the conduct of any user, or for monitoring or removing inappropriate User Content.
The Company reserves the right to investigate and pursue legal remedies against anyone who violates
By posting any User Content, you hereby grant to the Company and its affiliates, licensees and
authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in
whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and
compilations based upon, publicly perform, publicly display, reproduce, and distribute such User
Content, on and through all media formats now known or hereafter devised, for any and all purposes
including, but not limited to, promotional, marketing, trade or commercial purposes. The Company's use
of such User Content shall not require any further notice to you and such use shall be without the
requirement of any permission from or payment to you or to any other person or entity.
You represent and warrant that: (i) you own the User Content or otherwise have the right to grant the
license set forth in this Section, and (ii) the posting of User Content by you does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
COPYRIGHT INFORMATION AND DMCA
The Company respects the intellectual property of others. You may not upload, transmit or otherwise
make available any material that infringes any copyright rights of any person or entity. The Company
does not monitor for this type of activity. However, complaints submitted to us by copyright holders or
their agents in compliance with the Digital Millennium Copyright Act (DMCA) are taken seriously and
may result in removal of content deemed to be violating at the Company's discretion, plus other actions
If you believe that any material displayed through the Software infringes your copyright, please send the
Company's agent a notification of claimed infringement with all of the following information: (a)
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative list of such works; (b) identification of the claimed
infringing material and information reasonably sufficient to permit us to locate the material (such as the
URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and, if available, an email address; (d) a statement by you
that you have a good faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (e) a statement by you that the above information in your notification is accurate and
a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is
allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic
signature. Notice of claimed infringement can be sent by email to email@example.com.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS-IS", "AS
AVAILABLE", AND "WITH ALL FAULTS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR
LOSSES THAT ARISE FROM YOUR USE OF THE SOFTWARE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (1) THE
SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY
SPECIFIC RESULTS FROM USING THE SOFTWARE, (3) ANY DEFECTS RELATED TO THE SOFTWARE WILL BE
CORRECTED, (4) THE SOFTWARE IS FREE OF COMPUTER BUGS, VIRUSES OR OTHER HARMFUL
COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE
SOFTWARE WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE SOFTWARE OR ANY DATA
ACCESSED VIA THE SOFTWARE PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL
REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DEFECT OR DAMAGES.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SOFTWARE, AND THE
COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS,
SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE FOR ANY LOSSES OR
DAMAGES OF ANY KIND IN CONNECTION WITH THE DOWNLOAD, ACCESS OR USE OF THE SOFTWARE,
OR FROM ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY
PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM
THE ACCESS OR USE OF THE SOFTWARE, OR THE INTERRU PTION OR CESSATION OF THE SOFTWARE, OR
(C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE
COMPANY'S SERVERS, SOFTWARE OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL
PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE
EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE
COMPANY AND THE COMPANY PARTIES FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT
OR YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY TO
USE THE SOFTWARE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THE SOFTWARE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY
EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
AGREEMENT TO PRE-ARBITRATION NOTIFICATION OF DISPUTE
This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately
below). The Company and you agree, however, that it would be advantageous to discuss and hopefully
resolve any disputes before arbitration proceedings or any other proceedings authorized herein are
initiated. In the event of a dispute, you shall send a notice to the Company briefly summarizing the claim
and the request for relief to the following email address: firstname.lastname@example.org. if the dispute is
not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or
any other proceedings authorized herein.
This Agreement, and any claim or dispute arising from or relating to your use of the Software, shall be
governed by the laws of your home state of residence in the U.S. without regard to any choice (or
conflict) of law rules.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to
this Agreement or your use of the Software shall be resolved by final and binding arbitration. The
arbitration shall be administered by the American Arbitration Association under its Commercial
Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the
Rules"). Unless either party or the arbitrator requests a hearing, the parties will submit their arguments
and evidence to the arbitrator in writing. The arbitrator will make an award based only on the
documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within
ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for
arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In
no event shall any party be required to travel in order to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently
is $125 for claims under $10,000). if your filing fee is more than $125, the Company will reimburse you
for any excess fee promptly after it receives notice of your arbitration. if the arbitrator ultimately rules
in your favor, the Company will also reimburse you for the $125 base fee.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its
terms on a self-executing basis. Either party may seek enforcement of this provision in any court of
The arbitrator shall determine any and all challenges to the arbitrability of a claim.
The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon
request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on
the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations,
the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and the Company waive the right to bring any claim covered by this dispute resolution
provision as a class, consolidated, representative, collective, or private attorney general action, or to
participate in a class, consolidated, representative, collective, or private attorney general action
regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or
any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private
attorney general action or to consolidate, join, or otherwise combine the claims of different persons into
If a proposed class, consolidated, representative, 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 and notwithstanding any provision in the Rules
to the contrary: (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.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly
erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on
appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF ARBITRATION AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class
action waiver specified in this Agreement by doing the following: Within 30 days of installing the
Software, you must send a notice by email to email@example.com that specifies (1) your name,
(2) your mailing address and email address, and (3) your request to be excluded from the final, binding
arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue
to apply, including the requirement to pre-dispute notification and mediation. Your notice must be
received by the applicable 30-day deadline to be effective.
How do I remove AdvanceMark?
If you have AdvanceMark installed on your computer, you can easily remove it by downloading "Should I Remove It?", its 100% FREE and installs in seconds (just click the download button below).