INTRODUCTION AND ACCEPTANCE OF TERMS
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Cleanignite is ad-supported. During general internet usage on sites where Cleanignite operates, users may see additional banner, search, pop-up, pop-under, and in-text link advertisements. You will see approximately, between 1 and 5 banner advertisements per page, 1 and 4 search advertisements per page, 1-4 intext advertisements per page, and 1-2 pop-up or pop-under ads per day. The type of ad is dependent on the content of the page as you generally browse the Internet. Cleanignite is not related to or endorsed by the underlying website. Cleanignite and all related advertisements are not affiliated with or endorsed by any underlying websites.
OPTIMIZE SETTINGS POST INSTALL
There are several settings in your browser that may stop Cleanignite from running or cause a sub-optimal experience. Users that choose to install Cleanignite will have the following settings modified:
Auto-Enablement. Cleanignite will be automatically enabled on Internet Explorer, FireFox, and Chrome following installation so that you may be begin using Cleanignite without any further action.
Internet Explorer Load Time Alert. Internet Explorer users will see load time warnings when plugins take longer than a specified time to load. For users of multiple browser plugins this warning will show up often so Cleanignite raises the load time threshold to two seconds. To learn more about the load time warning visit: http://windows.microsoft.com/en-US/internet-explorer/products/ie-9/features/add-on-performance-advisor
Internet Explorer Accelerators. Internet Explorer Accelerators overlap with Cleanignite’s user interface and cause a bad user experience. Cleanignite disables Accelerators. For more information about Accelerators visit: http://en.wikipedia.org/wiki/Accelerator_(Internet_Explorer)
FireFox Lock File. Cleanignite loads a lock file that secures optimized settings. This prevents other software from accidentally or intentionally changing settings stopping Cleanignite from running or causing a sub-optimal experience. For more information about locking preferences: http://kb.mozillazine.org/Locking_preferences
Content Security Policy. Content Security Policy (CSP) is an additional layer of security that helps detect and mitigate certain types of attacks, including Cross Site Scripting (XSS) and data injection attacks. CSP can cause sub-optimal performance for Cleanignite and other browser plugins. Cleanignite will disable CSP in FireFox and Chrome. For more information about CSP: https://developer.mozilla.org/en-US/docs/Security/CSP; http://developer.chrome.com/extensions/contentSecurityPolicy.html.
Internet Explorer 10. Internet Explorer 10 supports two versions: Metro and desktop versions. Metro version does not support browser plugins so Cleanignite will set the desktop version for Internet Explorer as the default browsing experience.
You may uninstall Cleanignite at any time. To uninstall on Windows (Cleanignite supported operating system), go to the Windows Start Menu, and then to Control Panel>Add/Remove ( “Programs & Features” in Vista/Windows 7) and click “Remove”, “Uninstall” or “Change” (the word varies on operating system version) next to Cleanignite. Note that after you uninstall certain related files to Cleanignite may remain on your system. These remnant files are a record of your previous download of the Company’s software, and are not executable. These files help the Company prevent fraud on the Services and improve performance if you choose to download Cleanignite again. The Company will not use the files to track you or otherwise collect or store personally identifying information about you. If you need any assistance with the uninstall process contact us at contact@DigiLabz.com.
COMPANY CONTENT: LICENSE
The Site and Services may contain information, software, text, files, images, video, sounds, works of authorship, applications and other materials or content belonging to the Company, the Company’s licensors, partners, and affiliates, and other third parties (collectively, the “Company Content”). The Company Content is provided to you AS IS. You may access Company Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. All Company Content is protected by copyright, trademark, trade secret and other laws, and is between you and the Company, the Company owns and retains all rights in the Company Content.
Upon your assent to this Agreement, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services, and associated content to which you are permitted access, on a single computer, solely in accordance with the Agreement and solely for your personal, non-commercial use and not for disclosure or distribution to anyone else.
Except as expressly permitted by the Company, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Company Content. In addition, you are strictly prohibited from creating works or materials that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered, or given away. You may not, either directly or through the use of any device software, service or other mean, remove, bypass, avoid, interfere with, or circumvent, any Company copyright, trademark, or other proprietary notices, or any other content protection or access control measure.
We may suspend or terminate your right to access or use the Site or Services, or any account you have for the Site, at any time, without notice, if you violate any of these restrictions or if we believe, in our sole discretion, that your activities create unacceptable legal risk, violate the Agreement or are jeopardizing or interfering with other users’ rights or technical operation of the Site or Services.
YOUR USE OF THE SERVICES
The Services are offered for your own personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by the company. DigiLabz is not responsible for the content you or third parties, post, upload, transmit, email or otherwise make available on, through or in connection with the Services. By downloading, installing, or using the Plugin, you agree to comply with all applicable laws and regulation, and respect all applicable third party rights. The Company assumes no responsibility or liability for objectionable User Content or for monitoring the Services for inappropriate conduct.
Company may report any activity it suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests; to protect Company’s systems, users or third parties; to ensure the integrity and operation of Company’s business and systems; in response to subpoenas, court orders or legal requirements; to protect against fraud or for risk management purposes; or for any other purpose in compliance with the Agreement Company may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, Web usage paths. By utilizing the Site and Services, you expressly consent to foregoing use and disclosure.
You may not (i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Plugin or the Services or any portion of it; (ii) incorporate the Plugin or the Services into any computer chip or the firmware of a computing device manufactured by or for you; (iii) use the Plugin or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement; or (iii) use the Plugin or Services on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake; (iv) use or export the Plugin or Service in violation of Applicable Law.
You have no ownership rights in the Plugin, the Site or the Services. Rather, you have a license to use the Plugin, the Site and the Services as long as these Terms of Services remain in full force and effect. We and our licensors own all rights, title, and interest in and to their applicable contributions to the Plugin, the Site and the Services. These Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by us, including without limitation the Plugin, the Site, the Services and the Company Content, and creates no relationship between you and us or out licensors other than that of a licensee from us. You may not remove any copyright, trademark, or other proprietary notice from any copy of the Plugin, the Site or the Services.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
The Company respects and honors the intellectual property of others. If you believe that any material displayed through the Services infringes your copyright, please send the Company a detailed notification, including an electronic or physical signature of claimed infringement. The notification can be sent to DigiLabz LLC, 12526 High Bluff Drive, Suite 300, San Diego, CA 92130, attention Manager, or by email to contact@DigiLabz.com
WARRANTY AND LIMITATION OF LIABILITY
USE THE SERVICE AT YOUR OWN RISK. THE COMPANY PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT FO THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY ADVERTISING, AND THE COMPANY WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. YOUR USE OF THE SITE, THE SERVICE, OR ANY GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Company may assign this Agreement, in whole or in part, at any time without notice to you. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only to as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and the Company relating to the subject matter herein and shall not be modified by you except in writing, and signed by both parties. The Agreement will inure to the benefit of the Company’s successors, assigns and licensees. Without limitation, you agree that a printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PRE-ARBITRATION DISPUTE RESOLUTION
This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The laws of the State of California will govern this Agreement, without regard to conflicts of law provisions. The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings the request for relief. The letter shall be sent to DigiLabz LLC, 12526 High Bluff Drive, Suite 300, San Diego, CA 92130, attention Manager. If the dispute is not resolved within 90 days after the letter is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND US OR OUR LICENSORS, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A CALIFORNIA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
The following procedures shall apply: 1) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall either cure the alleged basis of the claim (in which case the matter will be deemed resolved) or provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, or the alleged basis of the claim is not cured, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below. 2) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by Judicial Arbitration and Mediation Services (“JAMS”), and shall be conducted using the then current JAMS commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in San Diego County, California, at out sole discretion, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). 3) Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action lawsuit or claim in any way related to, or arising from, the Agreement.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its owners, members, officers, directors, employees, and agents, from and against any and all claims, damages, obligation, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and/or the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right; including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.
ABILITY TO ACCEPT AGREEMENT
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, condition, obligation, affirmation, representation, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under the age of 18 then please do not use the Services. You may not use the Plugin if you are a person barred from receiving or suing the Company under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.
If any provision of this Agreement shall be deemed unlawful, void, or for any reasons unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Company’s failure to enforce the performance of any provisions of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provisions or any other provision of this Agreement. No waiver of any provisions of this Agreement shall be effective unless in writing.
1707 Pacific Coast Highway, 219
Hermosa Beach, CA 90254