IMPORTANT: THE TERMS OF THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. PLEASE READ SECTION 8 CAREFULLY TO LEARN MORE AS THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
SECTION 1: CHANGES TO THIS AGREEMENT
OnlineBrowserTools may change this Agreement at any time in its sole discretion. You can see when the Agreement was last changed based on the date on the bottom of this Agreement. By continuing to use the Site and Software following any change in the Agreement constitutes your acceptance of the updated Agreement. If you do not wish to be bound by any such changes, you must uninstall the Software and stop accessing the Site.
SECTION 2: OUR SERVICES AND THIRD-PARTY PROMOTIONS
The Software provides you with free access to simple utilities and tools, such as tools that allow you to track pages, convert currency, calculate mortgages, and more! In exchange for this free exclusive content, we are supported by promotions owned by third parties (“Third-Party Promotions”). If you would like to stop receiving all Third-Party Promotions, please review the Uninstall instructions on our Site.
The Software may enable new features or functions, download upgrades, or install fixes automatically and without notifying you first. In addition, all content, features and promotions on the Site and Software may be modified, updated, enabled or disabled automatically at any time and without notifying you first. If you cannot agree to any part of this Agreement, you must uninstall the Software and stop accessing the Site.
SECTION 3: LICENSE AND RESTRICTIONS
Under this Agreement, OnlineBrowserTools grants you a limited, revocable, non-sublicensable license to access the Site and install the Software for your non-commercial, personal use. Our Site and Software are protected by intellectual property laws, including copyrights and trademarks. As between you and OnlineBrowserTools, OnlineBrowserTools owns and retains all right, title and interest in and to the Site and Software. Except as expressly permitted in this Agreement, you may not copy, distribute, upload, reproduce, duplicate, modify, download, translate, retransmit, publish, sell or otherwise use the Software or any portion thereof.
You further agree not to do any of the following in connection with your use of the Site and/or Software:
Violate this Agreement or any applicable laws, rules or regulations.
Violate the rights of any third parties, including intellectual property rights like copyrights, trademarks, privacy rights, and other proprietary rights.
Use the Site and/or Software for any commercial purpose.
Introduce any viruses, worms, bots, or other malicious code, files, or programs.
Circumvent or modify any mechanism of 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 OnlineBrowserTools’s servers or networks.
SECTION 4: COPYRIGHT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
OnlineBrowserTools believes intellectual property rights should be respected by all parties. As such, you are prohibited from submitting any content to OnlineBrowserTools that infringes any copyright rights of any person or entity. Although OnlineBrowserTools cannot check for this type of activity on a constant basis, we take complaints submitted to us under 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 follow the instructions on the “Copyright Policy” page on our Site to submit your complaint and we will respond accordingly.
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. If you have trouble after following the instruction, you may contact us at .
SECTION 6: WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND SOFTWARE IS AT YOUR SOLE RISK. WE PROVIDE THE SITE AND SOFTWARE "AS-IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. ONLINEBROWSERTOOLS MAKES NO WARRANTIES OR REPRESENTATIONS THAT (A) THE SITE OR SOFTWARE WILL BE SECURE, ERROR-FREE OR UNINTERRUPTED AT ALL TIMES, (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED, (C) THE SITE AND SOFTWARE WILL BE 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.
YOU ACKNOWLEDGE THAT YOU ARE 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, ONLINEBROWSERTOOLS DISCLAIMS ALL WARRANTIES 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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONLINEBROWSERTOOLS AND ITS PARENTS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR OFFICERS, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "ONLINEBROWSERTOOLS PARTIES") ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN RELATION WITH YOUR 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 ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ONLINEBROWSERTOOLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF ONLINEBROWSERTOOLS AND ONLINEBROWSERTOOLS 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 ONLINEBROWSERTOOLS TO USE OR ACCESS THE SITE OR SOFTWARE.
SECTION 7: NOTIFICATION OF DISPUTES
OnlineBrowserTools and you agree that it would be best to discuss and resolve any disputes in good faith before commencing legal proceedings. In the event one of us has a dispute with the other, the disputing party shall first send an email notice summarizing their claim and requested relief. Please make such notices out to . If the dispute cannot be resolved in good faith and within sixty (60) days after the notice is sent, the disputing party may commence legal proceedings.
SECTION 8: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Any claim, controversy, or dispute arising out of or relating to this Agreement or based on your use of the Site or Software shall be resolved by final, binding arbitration. Arbitrations shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (the "Rules"). If the parties and/or the arbitrator do not request a hearing, arguments and evidence will be submitted to the arbitrator in writing. The arbitrator will then make an award based on the documents provided. If either party makes a written request for a hearing within ten (10) days after AAA acknowledges receipt of the demand for arbitration, or if the arbitrator who requests a hearing, the parties shall participate in a telephone hearing. In no event shall either party be required to travel to participate in the arbitration. Any arbitration under this Section is subject to the Federal Arbitration Act. To seek enforcement of this Section and/or to enter judgment on the arbitral award, the parties must do so in the courts of the State of California.
In addition, both you and OnlineBrowserTools waive the right to bring any claim against the other, or participate in, a class or consolidated capacity. Notwithstanding anything contrary in the Rules, the arbitrator shall not have the authority to hear the arbitration in a class or consolidated capacity, or otherwise combine the claims of different persons into a single proceeding.
If a proposed class or consolidated arbitration is commenced nonetheless, and it is finally determined by the arbitrator or a court of competent jurisdiction that this class action waiver specified herein is not enforceable, the proceedings shall be bifurcated as follows. First, the issue of arbitrability shall be determined by the arbitrator. Second, the issue of certification of a class shall be presented to and decided by a court of competent jurisdiction. Once issues regarding class certification have been finally decided by a court, the arbitrator has the authority to decide the substantive claims on an individual or class basis as 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 preceding Section. To do so, you must send a written email notice to within 15 days of installing the Software or visiting the Site. Your notice must include your full name, your email address, and your request to be excluded from the final, binding arbitration and class action waiver specified in this Agreement. We must receive your notice within the 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 California state law, without respect to its choice of laws rules. In addition, any disputes brought under this Agreement shall be brought in the courts of the state of California.
SECTION 11: INDEMNIFICATION
You agree to indemnify, defend and hold harmless OnlineBrowserTools and OnlineBrowserTools Parties from and against any and all claims, liabilities, and costs (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site and/or Software; and (b) your breach of this Agreement or any third-party rights.
SECTION 12: MISCELLANEOUS
Any failure by OnlineBrowserTools to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found to be void, unlawful, or unenforceable, that provision shall be severed from this Agreement, but such severance shall not affect the enforceability and validity of any remaining provisions. This Agreement is the entire agreement between you and OnlineBrowserTools concerning the Site and Software.
SECTION 13: CONTACT US
If you have any questions about this Agreement, our Site and Software, or our services, you may contact us at .
Last Updated: 5/26/2022