This Terms of Conditions (“TC”) is a legally binding agreement between us (“Company” OR “we” OR “us”) and you (“user” OR “you”) governing the use, access, download or installation of the search application software known (“Search Application”) available here by Aeromedia Holding LLC.
PLEASE READ THIS LICENSE AND TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING OUR PRODUCT. WHEN YOU USE OUR WEBSITE, PRODUCT OR PLUGIN, YOU ARE BOUND BY THIS LICENSE TERMS OF USE AND THE PRIVACY POLICY. BY CLICKING THE “ACCEPT” BUTTON (OR OTHER SIMILARLY DESIGNATED CALL TO ACTION) DURING THE INSTALLATION FLOW OR BY OTHERWISE DOWNLOADING, INSTALLING OR USING THE SEARCH APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS”) AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SERVICE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISIONS AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE SEARCH APPLICATION OR ANY OF ITS FEATURES. THIS LICENSE AND TERMS OF USE AND THE LICENSOR PRIVACY POLICY (TOGETHER, THIS “AGREEMENT”) GOVERN YOUR USE OF OUR WEBSITE, PRODUCT AND PLUGIN.
You may not use the product if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving or using the Plugin under the laws of the United States or other countries, including the country in which you are resident or from which you use the product. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.
Any person who wishes to use our website and product must agree to this Agreement, as well as all policies and guidelines incorporated by reference in this Agreement. This Agreement is a legally binding agreement between you and the Licensor.
AMENDMENTS We reserve the right to at times amend or revise this EULA at our sole discretion; such changes will be effective immediately upon the display of the revised EULA. The last revision date will be reflected in the “Last Updated” heading and your continued use of the Search Application or the following the notification of such amendments herein, constitutes your acknowledgement and consent of such amended EULA and your consent to be bound by the terms therein.
SEARCH APPLICATION FEATURES The Search Application may be installed on your Internet browser or operating system and allows you to search the Internet with our applicable feed provider (“Search Service”) provided by our search partners, and may provide other features as follows (collectively the “Service”): 1. Default Search: With your consent, your Internet browser default search feature will be set to the Search Service. 2. Home Page, New Tab Page: During the Search Application download process, you may be given the option to reset your Internet browsers’ default homepage or similar page (e.g., a start page, start tab, etc.) to our new tab product. If you choose this option, the specified webpage will become your default home page or the specified new tab product will appear each time you open a new tab in your Internet browser. The homepage and new tab products are further subject to the policies and terms of service or EULA linked to in the footer of such products themselves. 3. installing a Desktop Icon: In order to provide you with access to the Services, we may set desktop icons on your desktop. 4. Preventing Unauthorized Use: In order to protect you from potentially unwanted software, we track and monitor whether other applications have tried to change your homepage, new tab page or default search engines and notifies you when such changes occur. We may track undesirable software which might try to prevent you from changing your homepage, new tab or default search engine, a change to which you consent and choose to conduct. In such an event we may perform the required technical modifications to comply with your choice. 5. Disabling Some Features: In order to enable some features of the Services, we may disable some components or features from your system, such as your most viewed pages in your Chrome browser.
LICENSE GRANT Subject to the terms and conditions of this Terms, we grant you a non-exclusive, revocable, non-transferable, personal, limited license, to (a) download and install the most current available version of the Search Application and Services offered to you, and (b) use the Services solely for your personal, non-commercial purposes. The Services may not be used for any other purpose without Company’s prior written consent. If you are installing a version of the Search Application that includes third party features and functionalities or accesses third party content, such third-party features, functionalities and content are subject to such third party’s terms of service and are not governed by these Terms.
RESTRICTIONS OF USE You may not rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer the Service or use the Search Application for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Search Application or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Search Application in any way. You do not have the right to and may not create derivative works of the Service. All modifications or enhancements to the Search Application remain are our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our Services at any time, and we may at any time suspend or terminate any license hereunder and disable the Search Application or any of its component features. You represent and warrant that you are either the owner or an authorized user of the computer where the Search Application is installed. You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Services. You agree not to use the Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound. You further agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the Services, except to disable or remove our Search Application from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Search Application. We reserve the right to investigate occurrences which may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or operation.
UPDATES We reserve the right to add or remove features or functions to or from the Service. When installed on your computer, the Search Application periodically communicates with our servers to request automatic updates when we release a new version of the Search Application, or when we make new features available. you hereby agree that the company may automatically download and install updates to the Search Application, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Search Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. you agree to receive such updates as part of your use of the Search Application. In the event, we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you. These updates shall be controlled by your device settings.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that the Search Application, the Site and any associated components are licensed, not sold to you. You also acknowledge that all trademarks, service marks, the Search Application, including all associated components, code, protocols, software and documentation provided to you by us in conjunction with the Services are the Company’s property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Search Application or associated components. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
PRIVACY POLICY By Using the Search Application, you may enable us or third parties to access, use, and collect a variety of information, both personal and non-personal, regarding your Internet Browser, your browsing habits, and information about your computer including by usage of cookies. For more details on the data collected and privacy methods we recommend you read our Privacy Policy available here. Our Privacy Policy contains information about the data protection policies and explains how we access, collect, use, or share information. By downloading and using any of the Services, you consent to the Privacy Policy. We prohibit the violation of a user’s privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by us, in our sole discretion.
DISCLAIMER OF WARRANTY YOUR ACCESS AND USE OF THE SEARCH APPLICATION, SERVICES AND ALL FEATURES, FUNCTIONALITY OR CONTENT PROVIDED THEREIN OR THERETHROUGH ARE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICE, (B) THAT THE SEARCH APPLICATION WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SEARCH APPLICATION WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SEARCH APPLICATION, OR THE INFORMATION AVAILABLE THROUGH SEARCH APPLICATION, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY. LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR TO YOUR USE OR THE INABILITY TO USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. COMPANY’S LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TERMINATION You can terminate these Terms and the use of the Service at any time. If you wish to terminate your use of the Service, you may do so by uninstalling the Search Application from your device, by using the standard uninstall processes that are available as part of your operating system or through your Browser’s Settings, as applicable. We may terminate your access to the Search Application or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Search Application and Services.
DISPUTE RESOLUTION For any dispute you have with us, you agree to first contact us [link to contact us page] and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in Miami, Florida and to submit to the personal jurisdiction of the courts located in Miami County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
MISCELLANEOUS These Terms, constitutes the entire understanding between the parties with respect to the use of the Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without the prior written consent of the Company. We are constantly scaling in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the website, product or plugin which Licensor provides may change from time to time without prior notice to you. We may also cease or discontinue providing the product or upgrades at any time. For details about our data collection and data use practices, please see our Privacy Policy. As explained in the Privacy Policy, we may collect and store information from your web sessions which may be used to display targeted advertising. To uninstall the Product, please follow the instructions found on the uninstall page.
