Copyright © SearchPulse.  All rights Reserved. Privacy Policy

End User License Agreement (“Eula”)

Last update: June 26, 2018

1.       Introduction 1

2.       The Extension’s Features 1

3.       Third Party Content and Advertising 2

4.       Disabling or Uninstalling the Extension 2

5.       License and Restrictions 2

6.       Automatic Updates 2

7.       Copyright Information and the Digital Millennium Copyright Act 3

8.       Disclaimer of Warranties 3

9.       Limitation of Liability 3

10.          Agreement to Pre-Dispute Notifications and Mediation 4

11.          Indemnification 4

12.          Modification of the Agreement 4

13.          Governing Law 5

14.          Miscellaneous 5

15.          How to Contact the Company 5

Introduction

BEFORE INSTALLING THE SEARCHPULSE NEW TAB BROWSER EXTENSION OR USING THIS WEBSITE, PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY.

This is a binding Agreement, by installing the SearchPulse New Tab browser extension (the “Extension”) or using this website, you agree to abide by these terms of use (the “Terms and Conditions”) and the privacy policy that consists an integral part of this Eula, and available at: Privacy Policy, (jointly, the “agreement”), as they may be amended by Search Pulse (“us” “our” or “we”) from time to time in our sole discretion which include a class action waiver, arbitration agreement, limitation of liabilities, and disclaimer of warranties. if you do not agree to all terms in this agreement, do not install the extension or use this website.

you agree that by using our website you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

The Extension’s Features

When you open a new tab within your browser, the Extension will provide you with easy access to browser settings, as well as include a search box that may be used to search the internet. The Extension delivers these features to you by changing certain browser settings automatically upon install, such as your home page and new tab settings. If you do not want the Extension to make such changes or handle your data pursuant to this Agreement and the Privacy Policy, you should not install or use the Extension.

Third Party Content and Advertising

  • The Extension and Website may integrate third party content (“Third Party Content”) in order to display search results to you. Such Third Party Content may include feeds, search results, APIs, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, links to third party websites that are controlled and maintained by others, other content displayed, promoted, or otherwise made available through third parties.

Such Third Party Content may also include advertising, or advertising-supported search results, which will be displayed to you if you use the search box or click on services that are streaming certain content.

WHEN YOU CLICK ON OR ACCESS SEARCHPULSE SEARCH RESULTS, SUBMIT SEARCH TERMS, OR OTHERWISE ENGAGE WITH THIRD PARTY CONTENT, YOU ARE INTERACTING WITH THE THIRD PARTY PROVIDING SUCH CONTENT, NOT WITH THE COMPANY.

  • Disclaimers. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content.

If you find any Third Party Content objectionable for any reason, please disable or uninstall the Extension using the instructions provided below.

Disabling or Uninstalling the Extension

You may disable or uninstall the Extension at any time using your browser’s standard procedures for disabling or uninstalling extensions. Click Here for more detailed instructions. If you are having trouble disabling or uninstalling the Extension after following these steps, please email us at support@SearchPulse.com.

License and Restrictions

Upon your assent to this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to use and install the Extension solely for your own personal and non-commercial use, in accordance with the terms of this Agreement. The Extension 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 Extension at all times.

Except as expressly permitted by the Company, you may not copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, modify, perform, distribute, sell or otherwise use the Extension or any portion thereof, Use the Extension in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations, Violate any third party licenses or agreements, including any third party software licenses, website terms and conditions, and privacy policies, Use the Extension for any commercial purpose or gain whatsoever.

Automatic Updates

All Extension features and content may be modified, updated, upgraded, enhanced, fixed, added, enabled, disabled or discontinued at any time automatically and without further notice to you. By installing the Extension, you authorize the Extension to automatically, and without further notice to you, download and install upgrades, updates, new versions, releases, fixes, and enhancements, or update additional features or functionality. If you do not consent to these behaviors, do not install or use the Extension.

Copyright Information and the Digital Millennium Copyright Act

We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent at: support@SearchPulse.com

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your contact information;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

YOUR USE OF THE EXTENSION IS AT YOUR SOLE RISK. THE EXTENSION 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 EXTENSION.

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 EXTENSION, 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 EXTENSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE EXTENSION, (3) ANY DEFECTS RELATED TO THE EXTENSION WILL BE CORRECTED, (4) THE EXTENSION IS FREE OF COMPUTER BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE EXTENSION WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT, CONTENT, OR SERVICE ADVERTISED OR OFFERED THROUGH THE EXTENSION, 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.

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, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE EXTENSION, OR THE INTERRUPTION OR CESSATION OF THE EXTENSION, (C) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE EXTENSION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE EXTENSION.

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 EXTENSION SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO THE COMPANY TO USE THE EXTENSION, WHICHEVER IS LESS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENSION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXTENSION. 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-Dispute Notifications and Mediation

  • class action waiver and arbitration.
  • 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 our Website shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
  • If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section ‎9.1 is enforceable, the following mandatory arbitration provisions apply to you:
  • Arbitration.
  • This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). We 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 us briefly summarizing the claim and the request for relief to the following email address: support@SearchPulse.com. 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.
  • 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 of the award in any court of competent jurisdiction.
  • Any arbitration will be conducted in the English language.

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 your violating the Agreement and  or any third party rights.

Modification of the Agreement

The Company may modify the terms of this Agreement at any time. The last revision will be reflected in the "Last Updated" heading. If you do not agree to any modification, you must uninstall the Extension.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of laws or to the actual state or country of incorporation or residence of the Company or you, and you hereby submit to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa in connection with any action arising under this Agreement.

Miscellaneous

  • 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 Extension.
  • You and the Company are independent entities, and nothing in this Agreement, or through the use of the Extension, 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).

How to Contact the Company

If you have any questions about the Extension or this Agreement, please email us at support@SearchPulse.com.

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