Updated as of August 3, 2015
Branded Tab reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Branded Tab materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Branded Tab Software via a hyperlink or by other reasonable means to notify you of the changes. Branded Tab will also amend the " Updated as of” date at the top of this Agreement. By continuing to Use the Branded Tab Software after Branded Tab has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Branded Tab Software. This Agreement will also govern any software upgrades and/or updates provided by Branded Tab that upgrade and/or supplement the Branded Tab Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
2. The Branded Tab Software.
Branded Tab is a free desktop application that offers you direct links to websites from your new preferred homepage and saves your new preferred home page and/or new tab page. When we set your Browser's settings using Branded Tab, they will be saved automatically on Chrome™, Firefox®, and Internet Explorer®. As part of the installation process of the Branded Tab Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Downloading or Using the Branded Tab Software, you agree that you have approved such changes and you understand that you can reconfigure such settings at any time from the "Options Menu" available in the Branded Tab Software (to the extent that there is such a menu), in the Settings options of your Internet Browser (for example, for web-search related changes). Such changes may include, without limitation, the following:
(a) Change of the default search engine in your Internet Browser, including your Browser's built-in search box, if applicable, and address bar;
(b) Change of the default home page and/or new tabs of your Internet Browser;
(c) Addition of alternative error page functionality, such as “Page Not Found”, if applicable;
(d) Additional search-related services;
(e) Allowing software updates of the Branded Tab Software once a new version is released and the ability to send you notifications;
(f) Allow first-party publisher or Partner Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.
To uninstall the Branded Tab Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser, as applicable. The list below may assist you in choosing the most applicable option for your operating system and/or Browser.
(a) To uninstall software applications in Windows, click Start > Control Panel > Add / Remove Programs, and then choose the software you want to uninstall.
(b) You can also uninstall software applications in Windows by going to Start Menu > Computer> C Drive > Program Files or Program Files (x86) > [program name] > Right-click > Delete.
(c) To uninstall Internet Explorer Add-ons (Windows), click the settings icon on Internet Explorer > Manage add-ons > Toolbars and Extensions, and then choose the extension you would like to uninstall.
(d) To uninstall Firefox extensions (Windows or Mac OSX), click Tools on Firefox > Add-ons> Extensions, and then choose the extension you would like to uninstall.
(e) To uninstall Chrome extensions (Windows or Mac OSX), click the Chrome menu (or wrench icon)> Settings > Extensions, and then choose the Extension you would like to uninstall.
(f) To uninstall Safari extensions (Windows or Mac OSX), click the Safari Settings menu or File> Preferences > Extensions, and then choose the extension you would like to uninstall. To uninstall the Toolbar from your mobile device, please refer to your mobile device instruction manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Toolbar you wish to delete until it shakes, you will get an “x” in the corner of the Toolbar icon and you can tap the “x” to delete the software. Please note that the Toolbar may include one or more executable files, therefore if you wish to uninstall one or more Toolbar files, please make sure to look for the specific Toolbar name on your computer or mobile device.
3. License to Software and Use.
Conditioned upon your compliance with the terms and conditions of this EULA, Branded Tab hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the Branded Tab Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the Branded Tab Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Branded Tab Software for backup purposes. Branded Tab reserves all rights in the Branded Tab Software not expressly granted to you in this EULA.
4. License Restrictions.
4.1 Except as expressly specified in this EULA, you may not:
(a) copy or modify the Branded Tab Software;
(b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Branded Tab Software to any third party; or
(c) Use the Branded Tab Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Branded Tab Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Branded Tab and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Branded Tab Software provided in object code or any other Branded Tab products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
4.2 Any Open-Source Software that may be accompanying the Branded Tab Software is provided to you under the terms of the open-source license agreement or copyright notice accompanying such Open-Source Software or in the open-source licenses file accompanying the Software. As used herein "Open-Source Software" means Open-Source software components provided with the Branded Tab Software that are licensed to you under the terms of the applicable license agreements included with such open-source software components or other materials for the Branded Tab Software. This EULA does not apply to any Open-Source Software accompanying the Branded Tab Software and Branded Tab hereby disclaims any and all liability to you or any third party related thereto.
4.3 Branded Tab Software may contain certain Third-Party components embedded therein (“Third-Party Components”). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components.
4.4 You may not Use the Branded Tab Software in any manner that could:
(a) damage, disable, overburden, or impair Branded Tab Software (or any server or networks connected to any Branded Tab Software, or
(b) interfere with any third party's use and/or enjoyment of the Branded Tab Software (or any server or networks connected to the Branded Tab Software).
5. Updates; Modifications; Additional Services; Tests.
5.1 The Branded Tab Software may automatically download and install updates from Branded Tab from time to time. In addition, Branded Tab may automatically configure the Branded Tab Software to perform certain functions required within the operation of the Branded Tab Software. Branded Tab Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Branded Tab Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Branded Tab Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience. Prior to the implementation of a material change in certain Branded Tab Software, including Software Updates and/or material changes of this EULA, Branded Tab will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the Branded Tab Software you agree to receive such Software Updates (and permit Branded Tab to deliver these to you) as part of your Use of the Branded Tab Software. If you do not agree to such changes, you may uninstall the Branded Tab Software that resides on your computer, according to the guidelines set forth below.
5.2 The Branded Tab Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described above). By Using Branded Tab Software, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 2 above and Section 6 below. Further, you agree that by Using the Branded Tab Software you may periodically send technical data and related information Branded Tab to facilitate the provision of updates, product support, and other services to you, if any, related to the Branded Tab Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Branded Tab may conduct A/B testing and change the look and feel of the Branded Tab Software or add additional features in order to improve your experience with the Branded Tab Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on our homepage, http://www.brandedtab.com and on the webpage where this Agreement is posted, http://www.brandedtab.com/terms.html.
5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Branded Tab Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Branded Tab Software, is to uninstall the Branded Tab Software.
6. Proprietary Rights.
The Branded Tab Software is licensed, not sold, to you. You acknowledge and understand that Branded Tab owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Branded Tab Software is protected by United States (and other countries’) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Branded Tab Software as delivered to you.
7. Privacy and Legal Rights.
7.2 Branded Tab collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services. Branded Tab also also collects information about changes made your browser home page.
7.3 Branded Tab prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Branded Tab, in its sole discretion, as part of its terms of service and user agreements.
7.4 In the event that Branded Tab goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
8. Your Obligations.
8.1 You hereby acknowledge and agree to only Use the Branded Tab Software as permitted in this EULA.
8.2 You agree to comply with all applicable laws, rules, and regulations when using the Branded Tab Software. You will not Use the Branded Tab Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
9. No Obligation.
Branded Tab is not obligated to maintain or support the Branded Tab Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Branded Tab Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Branded Tab Software at your own risk and that Branded Tab shall not have any liability to you with respect to such content.
10. Export Laws.
10.1 You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Branded Tab Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the Branded Tab Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
10.2 By downloading and using the Branded Tab Software, you further represent and warrant that:
(a) you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and
(b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Branded Tab Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not Use the Branded Tab Software for, and will not allow the Branded Tab Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
11. Disclaimer of Warranties.
In addition to the limitations of Branded Tab’s liability expressly contained in this Agreement, Branded Tab further disclaims any warranty related to your Use of Branded Tab Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. THE Branded Tab SOFTWARE IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. BRANDED TAB DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRANDED TAB OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. BRANDED TAB DOES NOT REPRESENT OR WARRANT:
(a) THAT THE Branded Tab SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
(b) THAT THE OPERATION OF THE Branded Tab SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR
(c) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE Branded Tab SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. BRANDED TAB MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE Branded Tab SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE Branded Tab SOFTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Branded Tab SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE Branded Tab SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability.
IN NO EVENT WILL BRANDED TAB, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE Branded Tab SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT BRANDED TAB WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL BRANDED TAB'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE Branded Tab SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Choice of Law and Venue.
This Agreement shall be interpreted and enforced in all respects under the laws of the State of Missouri, USA as applicable to contracts to be performed entirely within the State of Missouri, USA. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in Kansas City, Missouri, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, Branded Tab’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The terms “complaint” and “dispute” mean any dispute, action, complaint, or other controversy between you and Branded Tab concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. We hope that any disputes that you have relating to our Site or our Services can be resolved by contacting Branded Tab’s customer service at firstname.lastname@example.org If, however, we are unable to resolve any complaint or dispute informally, any complaint or dispute arising out of, relating to, or in connection with these Terms of Service (or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate) and the Services themselves shall only and exclusively be resolved by submission to mandatory, final and binding arbitration by the American Arbitration Association or its successor (“AAA”). If AAA ceases to provide arbitration service, then the term “AAA” shall mean and refer to J.A.M.S. The arbitration shall only be conducted in Kansas City, MO before a single arbitrator, in the English language. The arbitrator shall be a retired judge or justice, or a duly licensed attorney with no less than 15 years of experience in arbitrating commercial disputes involving the retail sale of goods and services. If the parties cannot agree upon an arbitrator within ten days of the filing of the demand for arbitration, the AAA shall select the arbitrator. Either party may commence arbitration by filing a written demand for arbitration with AAA and delivering a copy of such demand to the other party. The arbitration shall be held under the Commercial Arbitration Rules with Expedited Procedures of the AAA then in effect (or the J.A.M.S. Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed). Unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. The arbitrator's determination shall be set forth in a brief, written statement reasonably explaining the disposition of the dispute and the amount of any award. The parties shall split the costs of all invoices issued by the AAA to conduct the arbitration but shall otherwise bear their own costs. Notwithstanding anything to the contrary herein, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm from occurring prior to the selection of the arbitrator. ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATE, YOU EXPRESSLY WAIVE ANY RIGHT TO A COURT OR JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. For any non-frivolous claim that is less than $10,000, we will pay the filing fee for the arbitration; provided, however, that if the arbitrator finds that your claim or relief sought is frivolous or brought for an improper purpose you shall promptly reimburse us all amounts paid by us that are your obligation to pay under the AAA rules. If the arbitrator grants an award in your favor based on the merits of your claim and such award is greater than the value of Branded Tab's last written settlement offer to you before an arbitrator was selected, then Branded Tab will pay you up to twice the amount of the award up to a maximum aggregate amount of $10,000. If we make any amendment to the arbitration provisions, you may reject any such amendment by sending us written notice to the contact address provided below within thirty (30) days after such amendment. By rejecting any such amendment, you agree that you will arbitrate any dispute in accordance with this Agreement. CONTACT
4600 Madison, 10th Floor
Kansas City, MO 64112
To the maximum extent permitted by law, you agree to defend, indemnify, and hold Branded Tab harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Branded Tab Software, including your downloading, installation, or Use of the Branded Tab Software, or your violation of this EULA.
16. Term and Termination.
Your license to Use the Branded Tab Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Branded Tab Software and by destroying all copies of the Branded Tab Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Branded Tab’s request either promptly destroy or return to Branded Tab all copies of the Branded Tab Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
17.1 This EULA and all the policies referenced herein constitute the entire agreement between Web internet Security and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Branded Tab.
17.2 The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
17.3 If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Branded Tab reserves the right, at our discretion, to update or revise this EULA.
17.4 Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
17.5 You may not assign your rights under this EULA to any party without Branded Tab’s consent. Branded Tab may assign or transfer this Agreement or any rights or delegate any obligations of Branded Tab hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Branded Tab will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations.
17.6 If any provision of this EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
17.7 Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Branded Tab, and you do not have any authority to create any obligation or make any representation on Branded Tab’s behalf. If you need to contact us, please contact us through our contact form at http://www.brandedtab.com/contact-us.html You can also email us at email@example.com or you can send a letter to:
4600 Madison, 10th Floor
Kansas City, MO 64112