NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISOIN, INCLUDING A WAIVER OF CLASS ACTION RIGHTS. READ THESE TERMS CAREFULLY BEFORE BROWSING THE SITE AND/OR DOWNLOADING THE SOFTWARE. YOU MAY OPT OUT OF THE BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS AS PROVIDED BELOW.
SECTION 1: AGREEMENT MODIFICATION
SimpleBrowserTools may revise this Agreement from time to time in its sole discretion. All changes are effective immediately when we post them, and the bottom of this page will indicate when the last revisions were made. Your continued use of the Site and Software after any modification means that you accept the Agreement as modified. If you do not agree to any revisions or modifications, you must uninstall the Software and stop using the Site.
SECTION 2: SOFTWARE UTILITIES AND THIRD-PARTY PROMOTIONS
The Software provides you free access to useful tools and utilities, which may include those that allow you to track pages, convert currency, calculate mortgages, and more! In exchange for these exclusive tools and utilities, the Software is supported by third-party promotions (“Third-Party Promotions”). The Software may also automatically update to enable new features or functionalities or to install fixes without notifying you beforehand. If you do not agree to these updates, please uninstall the Software and stop using the Site.
SECTION 3: PERMITTED USES AND RESTRICTIONS
SimpleBrowserTools grants you a limited, revocable, non-transferable license to use the Site and Software only for your personal, non-commercial use in accordance with this Agreement. The Site and Software, including all content contained therein, are protected by copyright, trademark and other intellectual property laws. SimpleBrowserTools owns and retains all right, title and interest in and to the Site and Software, including all content contained therein. Except as expressly allowed by the license in this Section, you agree not to copy, modify, download, upload, distribute, publish, sell, or otherwise use the Site and Software.
Additionally, you agree not to take any of the following actions with respect to the Site and/or Software:
Use the Site and/or Software in a way that violates this Agreement or any applicable laws, rules or regulations.
Violate third-party rights, including those relating to intellectual property such as copyrights, trademarks, privacy, publicity, or other proprietary rights.
Use the Site and/or Software for commercial purposes.
Introduce any malicious code or programs, such as viruses, worms, or bots, into the Site and/or Software.
Take any action that would interfere with SimpleBrowserTools’s servers or networks, the Site, and/or the Software.
SECTION 4: COPYRIGHT AND THE DMCA
SimpleBrowserTools respects the rights of third parties, including their intellectual property rights. We do not allow our users to make available any material that infringes another person’s copyright rights. Although SimpleBrowserTools cannot check for this type of activity on a constant basis, we take complaints submitted under the Digital Millennium Copyright Act (DMCA) very seriously. If you believe there is any material on the Site and/or Software violates your copyright, please send a notice under the DMCA to , and we will respond and resolve the matter in a reasonable amount of time. To learn more, please visit our Copyright Policy on our Site.
SECTION 5: UNINSTALLING
You may uninstall the Software at any time. The Uninstall page on our Site provides instructions for uninstallation. Please email if you have trouble uninstalling our Software.
SECTION 6: DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND/OR SOFTWARE IS AT YOUR SOLE RISK. WE PROVIDE THE SITE AND SOFTWARE "AS-IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE SITE AND/OR SOFTWARE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLEBROWSERTOOLS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN RELATION TO THE SITE AND SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ADDITIONALLY, SIMPLEBROWSERTOOLS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SITE OR SOFTWARE OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE OR SOFTWARE WILL BE: (A) SECURE OR UNINTERRUPTED; (B) ERROR-FREE; (C) FREE OF ANY VIRUSES, WORMS, COMPUTER BUGS OR OTHER HARMFUL COMPONENTS, OR (D) ACCURATE OR RELIABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLEBROWSERTOOLS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, OR EMPLOYEES (COLLECTIVELY, THE "SIMPLEBROWSERTOOLS PARTIES") SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN RELATION WITH THE USE, ACCESS OR INSTALLATION OF THE SITE AND SOFTWARE, OR FROM ANY CONTENT MADE AVAILABLE THROUGH THE SITE AND SOFTWARE, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (EVEN IF SIMPLEBROWSERTOOLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OR ACCESS OF THE SITE OR SOFTWARE, OR (C) ANY DAMAGES OR LOSSES ARISING FROM UNAUTHORIZED ACCESS OR USE OF SIMPLEBROWSERTOOLS’S SERVERS, SITE, SOFTWARE OR EQUIPMENT, OR ANY VIRUSES OR OTHER HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE SITE OR SOFTWARE.
SIMPLEBROWSERTOOLS’S AND SIMPLEBROWSERTOOLS PARTIES’ TOTAL LIABILITY FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR BASED ON YOUR USE, ACCESS, OR INSTALLATION OF THE SITE OR SOFTWARE SHALL BE LIMITED TO THE AMOUNT YOU PAID SIMPLEBROWSERTOOLS TO USE THE SITE OR SOFTWARE.
SECTION 7: PRE-DISPUTE NOTIFICATION
SimpleBrowserTools and you agree that it would be beneficial to discuss and resolve any disputes in good faith before commencing legal proceedings. In the event you have an issue or concern with SimpleBrowserTools, you shall first send an email notice summarizing your issue or concern as well as your request for relief to . If your dispute cannot be resolved in good faith within sixty (60) days after the notice is sent, you may proceed with legal proceedings.
SECTION 8: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
This Agreement provides for a final, binding arbitration of all claims. By using and/or installing the Site and Software, you agree to bring any disputes against SimpleBrowserTools and the SimpleBrowserTools parties via final, binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules"). If neither you nor SimpleBrowserTools requests a hearing, you and SimpleBrowserTools shall submit your respective arguments and evidence to the arbitrator in writing. The arbitrator will then make an award based on such submitted documents, known as a Desk Arbitration. The Federal Rules of Evidence shall govern the admissibility of any evidence in the proceeding. If either you or SimpleBrowserTools makes a written request for a hearing within ten (10) days after the AAA acknowledges receipt of the demand for arbitration, or if the arbitrator requests such hearing, you and SimpleBrowserTools shall participate in a telephone hearing. The parties understand and agree that in no event shall either party be required to travel in order to participate in the arbitration. This section is subject to the Federal Arbitration Act. Either you or SimpleBrowserTools may seek enforcement of this section in any court of competent jurisdiction.
Any challenges to the arbitrability of any claim shall be determined by the arbitrator. Otherwise, the arbitral award shall be judicially enforceable. Any court of competent jurisdiction may enter judgment on the arbitral award. Either you or SimpleBrowserTools may seek enforcement and/or confirmation of the award in any court of competent jurisdiction.
Both you and SimpleBrowserTools waive the right to bring any claim on a class-wide, consolidated, or collective basis. Notwithstanding anything contrary in the Rules, the arbitrator shall not have the authority to hear the arbitration on a class-wide, consolidated, or collective basis, or to otherwise combine the claims of different individuals into a single proceeding.
Notwithstanding the above restriction, if a proceeding is initiated on a class-wide, consolidated, or collective basis, and it is finally determined by the arbitrator or a court of competent jurisdiction that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated. First, the issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. Second, to the extent the arbitrator concludes that the arbitration may proceed, the arbitration shall be stayed and the issue of whether to certify any alleged or putative class for a class action proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to determine class certification issues. The decision to certify or not certify a class action shall be appealable in the judicial proceedings. Finally, once any issues regarding class certification have been determined by the court, the arbitrator will have authority to decide on the substantive claims on an individual or class-wide basis, as may be determined and directed by the court.
SECTION 9: OPTING OUT OF ARBITRATION AND CLASS ACTION WAIVER
Notwithstanding Section 8 above, you may choose to opt out from the final, binding arbitration and the class action waiver. In order to opt out, you must email a written notice to within 15 days of installing the Software or visiting the Site. Your notice must include: (i) your full name, (ii) your email address, and (iii) a request to be excluded from the final, binding arbitration and class action waiver specified in this Agreement. All other terms of this Agreement shall continue to be in full force and effect, including the requirement for pre-dispute notification in Section 7. We must receive your notice within the applicable 15-day deadline of installing the Software or visiting the Site for the notice to be effective.
SECTION 10: GOVERNING LAW
All claims or disputes arising from or relating to this Agreement, the Site and/or the Software shall be governed by California state law, without respect to its choice of laws rules. In addition, any disputes brought under Section 8 shall be brought in California state courts.
SECTION 11: INDEMNIFICATION
SECTION 12: MISCELLANEOUS
Any failure by SimpleBrowserTools to enforce or exercise any right under this Agreement will not operate as a waiver of such right or provision. If any section of this Agreement is found to be void, unlawful or unenforceable, that section is deemed severed from this Agreement, but such severance shall not affect the enforceability and validity of any remaining sections. This Agreement supersedes any previous agreement between you and SimpleBrowserTools and constitutes the entire agreement between you and SimpleBrowserTools concerning the Site and Software.
SECTION 13: CONTACT US
If you have any questions, please email us at .
Last Updated: 2/9/2022