PLEASE READ CAREFULLY
Welcome to Browsetech LLC (DBA “Ad Remover”). We provide our subscribers with a service that blocks advertisements and tracking technology from the web pages they visit with Ad Remover’s Software (as defined in our End User License Agreement (as available at https://www.adremover.org/eula/ or any successor site, the “EULA”).
Ad Remover Service
You must be 18 years of age, or the age of majority in your state, province, territory, country or jurisdiction, to become a subscriber of the Ad Remover service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to the Agreement.
The Ad Remover service, and any content delivered through our service, are for your personal and non-commercial use only. During your Ad Remover subscription, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access the Ad Remover service in order to have ads and trackers removed from web pages you view with Ad Remover. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
We continually update the Ad Remover services. In addition, we continually test various aspects of our service, including our Site, user interfaces, service levels, plans, promotional features, updates, fixes, ad and tracker removal techniques, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
You agree to use the Ad Remover service, including all features and functionalities associated therewith, in accordance with the Agreement, all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in the Agreement) content and information contained on or obtained from or through the Ad Remover service without express written permission from Ad Remover and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Ad Remover service; use any robot, spider, scraper or other automated means to access the Ad Remover service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Ad Remover service; insert any code or product or manipulate the content of the Ad Remover service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Ad Remover service, including any software viruses or any other computer code, files or programs.
Ad Remover software is developed by, or for, Browsetech LLC and is designed to distribute recommended updates and provide recommended optimizations from Ad Remover through devices that have the software installed and active. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE EULA AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE AD REMOVER AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Ad Remover service. If your Ad Remover ready device is sold, lost or stolen, please deactivate the Ad Remover ready device. If you fail to log out of the online account portal, subsequent users may access the Ad Remover portal through Your Account and may be able to access certain areas of Your Account information. It is your sole responsibility to control access to Your Account. To deactivate access you will want to log out of Your Account portal (https://www.adremover.org/myaccount/ or successor site). Ad Remover hereby expressly disclaims any and all responsibilities and liabilities for any unauthorized access to your Ad Remover Account or your failure to deactivate access to your Ad Remover Account, and for all losses and damages of whatever type arising therefrom.
You may start using the Ad Remover service, by entering into a free trial (as further described in the Free Trials section below) or completing your online purchase for a subscription through the Site. To complete your purchase for the subscription, you must enter your personal details (including, name, email, address and phone number) and method of payment (including, debit card, credit card or PayPal). Upon completing your online purchase, Your Account will be activated and you will be able to access it from the device on which you added Ad Remover to a web browser by clicking the “My Account” tab on the Site. Being the subscriber who created the Ad Remover Account and whose Payment Method is charged, you are referred to here as the Account Owner. By “Payment Method” we mean a current, valid, accepted method of payment, as such may be updated from time to time, to use the Ad Remover service. The Account Owner has access and control over the Ad Remover account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Ad Remover Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account to any third party. If you are the Account Owner, then you are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Ad Remover Account.
In order to provide you with ease of access to your Ad Remover Account and to help administer the Ad Remover service, Ad Remover implements technology that enables us to recognize you as the Account Owner, through the device that you used to complete the purchase for your subscription. From that device, Ad Remover provides you with direct access to your Ad Remover Account without requiring you to retype any password or other user identification when you revisit the Ad Remover service, which includes accessing via Ad Remover Site. Should you wish to access Your Account from another device, you can do so by entering your email address on the “My Account” page of the Site and receiving an activation email to that address with instructions on how to activate Ad Remover on browsers of that other device. Upon such activation, you will be able to access and manage Your Account from that device. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Ad Remover Site and not through a hyperlink in an email or any other electronic communication, even if it looks official. Ad Remover reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Ad Remover is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Ad Remover or by the automated processes of Ad Remover.
Subscriptions, Free Trials, Billing and Cancellation
Ongoing Subscriptions. Your Ad Remover subscription, which may start with a free trial, may continue month-to-month or year-to-year (depending upon your subscription purchase) unless and until you cancel your subscription or we terminate it, in which case your subscription would end with the end of your Billing Cycle (as defined below under the Authorization & Billing section) (“Subscription Term”). You must have Internet access and provide us with an acceptable Payment Method. We will charge the Fees (as defined below under the Authorization & Billing section) due for your Subscription Term to your Payment Method and send a receipt for your purchase to your designated email address. Such receipt will include the start or renewal (as applicable) of your subscription, your subscription type (whether monthly or annual), the Fees charged, taxes applicable and the license key to activate the Ad Remover software on more than one device. Your Subscription Term will automatically renew unless you cancel your subscription through Your Account. In order to avoid further charges to your Payment Method for any renewals of your subscription, you must access Your Account before the renewal date of the Subscription Term to cancel your subscription.
Your Ad Remover subscription may start with a free trial. The free trial period of your subscription will form part of your Subscription Term, and, may vary depending upon promotion, or as otherwise specified during sign-up.
Depending on future promotions, you may be prompted to enter your personal details (including, name, email, address and phone number) and select a Payment Method for future charges should you decide not to cancel your subscription after the expiry of your free trial period. For combinations with other offers, restrictions may apply. Ad Remover reserves the right, in its absolute discretion, to determine your free trial eligibility.
Authorization & Billing
Recurring Billing. By starting your Ad Remover subscription and providing or designating a Payment Method, you authorize us to charge to your Payment Method a recurring subscription fee on a monthly or annual basis (“Billing Cycle”), depending upon your subscription term at the then current rate, and any other charges you may incur in connection with your use of the Ad Remover service (“Fees”). We may authorize your Payment Method through various methods, including authorizing an amount up to approximately one year of Fees as soon as you register online with Ad Remover. In some instances and depending on the free trial promotion then in effect, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You acknowledge that the Fees billed each Billing Cycle may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts.
You may edit your Payment Method information by visiting our Site and clicking on the “My Account” link, available at the top of the pages of the Site. If payment for a Fee is not successfully settled, due to expiration of your Payment Method, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel Your Account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to the Billing Cycle and consequently your payment billing dates. We may also suspend your subscription and/or your ability to use the Ad Remover service until all outstanding payments for uncollected amounts have been settled. Without limiting any other remedies, payments outstanding more than thirty (30) days after the start of your Billing Cycle will accrue late charges at a rate of one percent (1.0%) per month, or the maximum rate allowed under law, whichever is lower, measured from the date such payments were due until the date paid. You agree that Ad Remover may bill such late charges to your Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
All fees are exclusive of any taxes, levies, or duties. You are wholly responsible for any taxes that may arise out of the Agreement or your purchase or use of the Ad Remover services. If you are required to pay or withhold any tax in respect of any fees due to Ad Remover hereunder, you shall gross up payments actually made so that Ad Remover will receive amounts due hereunder in full free of any deduction for such tax. Notwithstanding the foregoing, sales tax, goods and services tax (GST) or value-added tax (VAT) may be charged in accordance with applicable laws and regulations. For example, for non-business customers with postal codes or ship to addresses in the European Community, VAT shall be included in the Fees. You confirm that Ad Remover can rely on the “bill to” name and address set forth in Your Account as being the place of supply for sales and income tax purposes. Where Ad Remover is making a supply of services under Article 44 of VAT Directive 2006/112/EC, you confirm that Ad Remover can rely on the “bill to” name and address in Your Account as being the place of supply for VAT purposes. You shall reimburse Ad Remover for the amount of any such taxes or duties paid or incurred directly by Ad Remover as a result of its transactions with you, and you agree that Ad Remover may charge any such reimbursable taxes to your Payment Method. Cancellation
You may cancel your Ad Remover subscription at any time, and you will continue to have access to the Ad Remover service through the end of your Subscription Term. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY CANCELLATIONS OF SUBSCRIPTIONS OR ANY UNUSED PORTIONS OF YOUR SUBCRIPTION. To cancel, go to the “My Account” page on our Site and follow the instructions for cancellation. If you cancel your subscription, Your Account will automatically close at the end of your current Billing Cycle. To see when Your Account will close, click “View billing details” on the “My Account” page. If you signed up for Ad Remover using Your Account with a third party as a Payment Method, and wish to cancel your Ad Remover subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting Your Account with the applicable third party and turning off auto-renew, or unsubscribing from, the Ad Remover service through that third party. You may also find billing information about your Ad Remover subscription by visiting Your Account with the applicable third party.
Disclaimers of Warranties and Limitations on Liability
AD REMOVER WILL USE COMMERCIALLY REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS SO THAT YOU WILL BE ABLE TO BROWSE INTERNET WEB PAGES WITHOUT SEEING THE MAJORITY OF ADVERTISEMENTS NORMALLY FOUND ON THOSE INTERNET WEB PAGES DURING YOUR SUBSCRIPTION TERM. AD REMOVER DOES NOT GUARANTEE THAT EVERY AD ON EVERY WEB SITE WILL BE BLOCKED, ONLY THAT THE MAJORITY OF THEM WILL BE. YOUR SOLE REMEDY FOR DEFECTS IN THE SERVICE SHALL BE FOR AD REMOVER TO USE COMMERCIALLY REASONABLE EFFORTS TO PROMPTLY CORRECT SUCH DEFECTS. EXCEPT AS EXPLICITLY STATED HEREIN, THE AD REMOVER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE AD REMOVER SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AD REMOVER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, ITS SUBSIDIARIES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND AD REMOVER EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. AD REMOVER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE AD REMOVER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AD REMOVER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AD REMOVER READY DEVICES, AND AD REMOVER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). AD REMOVER MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY OPEN SOURCE CONTENT CONTAINED IN THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL AD REMOVER, ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS OR SERVICE PROVIDERS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOST REVENUE OR PROFIT OR LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, ANY USE, DELAYS, INTERRUPTION, INABILITY TO USE OR LOSS OF ANY SERVICES, ANY LOSS OF BUSINESS OR GOODWILL, COST OF COVER FOR SUBSTITUTE SERVICES, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, ANY OUT OF POCKET EXPENSES OR ANY DAMAGES WHATSOEVER AND HOWEVER CAUSED, WHETHER ARISING OUR OF OR IN CONNECTION WITH THE AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT OR OTHERWISE) WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AD REMOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AD REMOVER’S, ITS AFFILIATES’ AND ITS SUBSIDIARIES, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE FEES PAID TO AD REMOVER UNDER THE AGREEMENT FOR UP TO TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN RELATION TO THE AGREEMENT MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER YOU LEARNED OR SHOULD HAVE LEARNED OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Ad Remover, its affiliates and subsidiaries their respective past and present officers, directors, agents, employees, partners, independent contractors, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your or your Personnel’s unauthorized use or misuse of the Ad Remover service, (b) your or your Personnel’s breach of the Agreement, or (c) your or your Personnel’s infringement, misappropriation or violation of any intellectual property or other rights of another person or entity. Notwithstanding the foregoing, you will not be required to indemnify Ad Remover, its affiliates or subsidiaries for damages arising solely from the negligence or willful misconduct of Ad Remover.
The Ad Remover service, including all content provided on the Ad Remover service, is protected by copyright, trade secret or other intellectual property laws and treaties. All information on the Site is protected by copyright too:
Copyright © 2021 Browsetech LLC. All Rights Reserved.
Except as specifically permitted herein, no portion of the information on the Site may be reproduced in any form or by any means without Ad Remover’s prior written permission.
You may view, copy, print, and distribute documents available on this Site subject to the following conditions:
- The document may be used solely for personal, informational, non-commercial purposes;
- The document may not be modified or altered in any way;
- Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
Ad Remover reserves the right to revoke any authorization to reproduce any portion of the Site at any time, and any such use shall be discontinued immediately upon written notice from Ad Remover.
Documents specified above do not include the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Ad Remover is a trademark of Browsetech LLC. You are not granted any rights, license or interest to any trademarks or service marks of Ad Remover. Browsetech LLC retains all rights not expressly granted to you in the Agreement. Additional intellectual property related provisions under the EULA with respect to the licensing of Ad Remover’s Software also apply and you hereby agree to comply with them. Any use of the terms "sell", "license", "purchase", "license fees" and "price" in the Agreement will be interpreted in accordance with the foregoing provision.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Ad Remover service. These Applications may import data related to your Ad Remover Account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Ad Remover is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY AD REMOVER AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK AND IS SUBJECT TO THE TERMS OF SUCH THIRD PARTIES.
Use of Information Submitted. Any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Ad Remover service, including the Ad Remover Site and user interfaces, is free to use by Ad Remover worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Ad Remover service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Ad Remover does not accept unsolicited materials or ideas and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Ad Remover. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Ad Remover and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY.
WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
At Browsetech LLC, we expect that our customer service team will be able to resolve most issues you may have using the Services. You can find frequently asked questions or contact our customer service team by going to our help center. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Browsetech LLC agree to the following resolution process. You and Browsetech LLC also agree that the Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
RESOLUTION OF CLAIMS FOR NON-US RESIDENTS
If you are a resident of the United States then this section does not apply to you. Please refer to the following section. If you subscribed to the Ad Remover services from Canada, then the Agreement shall be governed by the laws in force in the Province of Ontario, Canada; and any dispute between you and Ad Remover regarding the Agreement will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you subscribed to the Ad Remover services in a country of the European Union, Iceland, Norway or Switzerland, the Agreement shall be governed by local law of that country and any dispute in connection with the Agreement shall be subject to the jurisdiction of the courts of that country. If you subscribed to the Ad Remover service from anywhere else, unless expressly prohibited by local law, the Agreement shall be governed by the laws of the United States and the State of Texas and any dispute between you and Ad Remover regarding the Agreement will be subject to the exclusive jurisdiction of the state and federal courts in the State of Texas.
ARBITRATION OF CLAIMS FOR US RESIDENTS
This section applies to you if you are a resident of the United States regardless of where you subscribed to the Ad Remover services from.
In this section, the term “Dispute” means any dispute, claim, or controversy between you and Browsetech LLC, any of its current or former affiliates and subsidiaries, or any predecessor or successor entity to any of the foregoing, or any of their respective directors, officers, employees, and agents ("Ad Remover Entity") regarding any and all uses of the Ad Remover service, including but not limited to, any issue arising from or in connection with the Agreement, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this section. "Dispute" has the broadest possible meaning that will be enforced.
IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY AD REMOVER IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THE AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO COREL CORPORATION CARE OF BROWSETECH LLC, 1600 CARLING AVENUE, OTTAWA, ONTARIO, K1Z 8R7, CANADA, ATTN: LEGAL DEPARTMENT – WAIVER AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR EMAIL AND MAILING ADDRESSES, (3) YOUR LICENSE KEY, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY AD REMOVER ENTITY THROUGH ARBITRATION.
In an attempt to find the quickest and most efficient resolution of our issues, you and Browsetech LLC agree to first discuss any Dispute informally for at least 60 days. To do so, please send your full name and contact information, your concern and your proposed solution by mail to us at: Corel Corporation care of Browsetech LLC, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada – Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered with Browsetech LLC.
If we do not reach an agreed upon solution after our discussions for at least 60 days, you and Browsetech LLC agree that any claim that either of us may have arising out of or relating to the Dispute, or use of the Ad Remover services must be resolved through binding arbitration before the American Arbitration Association (“AAA”). The AAA rules identified below will govern the interpretation and enforcement of arbitration of claims for US residents under this section.
The AAA Consumer Arbitration Rules, available here, shall govern Disputes in which the value of claims are less than USD50,000. The AAA Commercial Arbitration Rules, available here, shall govern Disputes in which the value of claims are equal to or more than USD50,000. As an exception to this arbitration agreement, Browsetech LLC is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
To help resolve any issues between us promptly and directly, you and Browsetech LLC agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. You and Browsetech LLC also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis with any court, tribunal, or other judicial or quasi-judicial body.
Any arbitration hearings will be held in Austin, Texas.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of who initiates the arbitration, Browsetech LLC will pay any other arbitration fees, including your share of arbitrator compensation.
It is important that you understand that the arbitrator’s decision will be final, binding and may be entered as a judgment in any court of competent jurisdiction.
If you’re not sure what all of this means, of course please feel free to ask an attorney. Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and Browsetech LLC agree on the process described in this Section.
a. Entire Agreement. Except for any materially different terms which Ad Remover may disclose to you at your sign-up or in other communications made available to you by Ad Remover, the Agreement, any addendum or amendment thereto, constitute the entire agreement between you and Ad Remover and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
b. Headings. Headings under the Agreement are intended only for convenience and shall not affect the interpretation of the Agreement.
c. Waiver and Modification. No failure of either party to exercise or enforce any of its rights under the Agreement will act as a waiver of those rights. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. You may only modify, amend or supplement the Agreement with additional terms by a written agreement between you and Ad Remover.
d. Severability. If any term or provision of the Agreement is invalid, illegal or unenforceable in any jurisdiction: (i) the validity, legality and enforceability of the remaining provisions shall remain in full force and effect, and, (ii) such invalidity, illegality or unenforceability shall not extend to any other jurisdiction, and (iii) such invalidity, illegality or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
e. Assignment. Ad Remover may assign the Agreement in whole or in part. In the event of a merger, acquisition, or sale of the services by Ad Remover, your continued use of the Ad Remover services signifies your agreement to be bound by the Agreement and other policies of the subsequent owner. You may not assign any of your rights or delegate or otherwise transfer any of your obligations or performance under the Agreement to any third party without Ad Remover’s written consent. The Agreement is binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
f. No Third Party Rights. The services under the Agreement are for your sole benefit and (except for Ad Remover’s affiliates, subsidiaries, licensors and service providers) nothing herein express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Agreement.
h. Translation. Any translation of the Agreement or any portions thereof is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of the Agreement shall govern.