The following License Agreement have been republished from www.surfshield.org/terms.html and/or the program's installer.
SurfShield is a downloadable browser add-on ("SurfShield") distributed by Holdsmart Technology LTD. (the "Company", "we" or "us") and available at www.SurfShield.org (the "Site"). SurfShield enhances the surfing experience as you surf the web as well as protects you from harmful websites. SurfShield, the Site, and any related features, products, services, functionalities or content offered by the Company shall be referred to herein as the "Services". The Company and Services are based in the U.S. You must be 18 or over to use the Services.
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
You may contact us at any time by visiting our support page (currently available at [email protected]
). By using the Services, you acknowledge that you are of legal age to form a binding contract.
Optimized Settings After Install
SurfShield will be automatically enabled on IE, Firefox, Opera, and Chrome following installation, and you may begin using SurfShield with no further action required.
SurfShield can be installed on all Windows pc's. You may uninstall SurfShield at any time. To uninstall from any of the supported browsers on Windows, go to the Windows Start Menu and then to Control Panel %3E Add/Remove ("Programs & Features" in Vista/Windows 7) and click "Remove" next to 'SurfShield'. Note that after you uninstall SurfShield, certain related files may remain on your system. These remnant files are a record of your previous download of the Company's software, and are not executable programs. These files help the Company prevent fraud on the Services and to better service you if you choose to download SurfShield again. The Company will not use the files to track you or otherwise collect or store personally identifying information about you.
The Site and Services may contain information, software, text, files, images, video, sounds, musical works, works of authorship, applications, and other materials or content belonging to the Company, the Company's licensors, partners, and affiliates, and other third parties (collectively, the "Company Content"). All Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and the Company, the Company owns and retains all rights in the Company Content. Upon your assent to this Agreement, the Company hereby grants you a limited, revocable, nonsublicensable license to access the Site, and use and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with your authorized use of SurfShield. 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 any Company Content.
Except as expressly permitted by the Company, you are strictly prohibited from creating works or materials that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not, either directly or through the use of any device, software, service or other means, remove, bypass, avoid, interfere with, or circumvent, any Company copyright, trademark, or other proprietary notices, or any other content protection or access control measure. You may not build a business utilizing the Company Content, whether or not for profit.
Your Use of the Services
The Services are offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by the Company. You are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services (collectively, the "User Content"). The Company assumes no responsibility or liability for objectionable User Content or for monitoring the Services for inappropriate conduct.
Copyrights and Other Intellectual Property
The Company respects the intellectual property of others. If you believe that any material displayed through the Services infringes your copyright, please send the Company's Copyright 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 on the Services (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. The Company's Copyright Agent for notification of claimed infringement can be reached at the following address: Holdsmart Technology LTD., 2029 Century Park East, Suite 1400 Los Angeles, CA 90067 ; Attn: Copyright Agent and Legal Department. Notification may also be sent by email at [email protected]
The download of SurfShield and use of the Services are at your own risk. The Services are provided "AS-IS" and "as available" and the Company does not guarantee or promise any specific results from use of the Services. The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, the Company makes no warranty that your use of the Services will be uninterrupted, timely, secure or error- free or that any information obtained by you on, through or in connection with the Services will be accurate or reliable. Under no circumstances will the Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Services, problems or technical malfunction in connection with use of the Services, any material obtained in connection with the Services, any User Content, any third party advertisement or third party service displayed on, through or in connection with the Services, or the conduct of any users of the Services, whether online or offline. Your use of any goods or services provided by any third parties is solely your responsibility and at your own risk.
Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Pre-Arbitration Dispute Resolution
This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The laws of Limassol Cyprus will govern this Agreement, without regard to conflicts of law provisions. 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 letter to the Company briefly summarizing the claim and the request for relief. The letter shall be sent to Holdsmart Technology LTD., 2029 Century Park East, Suite 1400 Los Angeles, CA 90067 ; Attn: Legal Department. If the dispute is not resolved within 60 days after the letter is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
Agreement to Arbitrate Claims
Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating in any way to your use of the Services shall be resolved by final and binding arbitration. The arbitration shall take place in Limassol Cyprus. 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 the parties be required to travel to Los Angeles 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 competent jurisdiction.
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 one proceeding.
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 Dispute Resolution Procedure 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 downloading SurfShield, you must send a letter to Holdsmart Technology LTD., 2029 Century Park East, Suite 1400 Los Angeles, CA 90067 ; Attn: Legal Department that specifies (1) your name, (2) your mailing 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 participate in pre-dispute mediation, and all disputes will be resolved in Limassol Cyprus. Notwithstanding any provision herein to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Companyâ€™s address), you may reject any such change by sending a letter to the Company within 30 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Your letter must be postmarked by the applicable 30-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 30-day deadline.
You agree to indemnify and hold the Company, its Affiliated Companies, contractors and other partners, and each of their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (including reasonable attorneys' fees), made by any third party due to or arising out of your use of the Services, your breach of this Agreement, or your violation of any rights of any third party (including any third party website terms of service or privacy policies). Your indemnification obligation will survive this Agreement and your use of the Services.
The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have questions about this Agreement, please contact us as described below:
Holdsmart Technology LTD.
2029 Century Park East, Suite 1400
Los Angeles, CA 90067
Attn: Legal Department[email protected][email protected]
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