To uninstall from a Windows PC, go to the Windows Start Menu %3E Control Panel %3E Add/Remove (or Programs & Features in Vista/Windows 7 and 8) and select Remove or Uninstall for Yula. After uninstalling, please clear your Browsing History AND Cache (“Temporary Files” in I.E.) in each of your browser programs (Ctrl+Shift+Delete 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: • Use the Software for any commercial purpose or gain. • Modify the Software or create any works or materials derived from the Software. • Violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other proprietary rights. • Violate any third party licenses or agreements, including software licenses, website terms and conditions, and privacy policies. • Harass or harm another person. • Post, transmit or link to content that is harmful, threatening, violent, discriminatory, obscene, pornographic, defamatory, false, misleading, tortious or unlawful. • Impersonate or attempt to impersonate any person or entity. • Introduce, create or utilize any viruses, bots, worms, or other harmful computer code, files or programs. • 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. • Circumvent or modify any technology or mechanism used in connection with the Software, including any mechanisms used to restrict access. • Use the Software in any manner inconsistent with this Agreement or any applicable laws, rules or regulations. 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 this Agreement. 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 or penalties. 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 protected]
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 INTERRUPTION 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 SOFTWARE. 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 PURPOSE. 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: [email protected]
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. GOVERNING LAW 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 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 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 protected]
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. INDEMNIFICATION You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software; (b) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (c) any User Content posted or submitted by you through the Software. MODIFICATION The Company may modify the terms of this Agreement at any time by providing notice to you and obtaining your consent to such modification. If you do not agree to any proposed modification, you must uninstall the Software. GENERAL 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. This Agreement supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Software. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Software, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters.) CONTACT US If you have any questions about the Software or this Agreement, please contact us by email at [email protected]
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