These Fast Browser Search Terms of Use ("Terms of Use") govern your use of the Software Product, Search Results (as those terms are defined below) and the website located at www.fastbrowsersearch.com (the "Site"). The Site is an Internet property of Make the Web Better, LLC ("MTWB," "we" or "us").
For purposes of these Terms of Use, the term "Software Product" (as further defined below) means all MTWB software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the software and/or applications made available at the Site.
By accessing and using the Site, and/or using the Software Product, you acknowledge that you have read both these Terms of Use and the MTWB Privacy Policy ("Privacy Policy") and agree to be fully bound by their respective terms and conditions, and any subsequent modifications made thereto hereafter. Further, any and all third party users of your computer that have access to the Site and/or Software Product are bound by the terms, conditions and restrictions contained within these Terms of Use and the Privacy Policy, and you shall be responsible for any and all acts and omissions of such third parties. To view the Privacy Policy, please Click Here.
MTWB may modify these Terms of Use at any time without prior notice to you and such modifications shall be deemed effective upon posting of the modified Terms of Use at the Site. You agree to periodically review the Terms of Use available on the Site to remain aware of any modifications to same. Your continued use of the Software Product shall be deemed your conclusive acceptance of the Terms of Use then in effect at the time of your usage.
You must be thirteen (13) years old or older to access the Site and/or use the Software Product. If you are not yet thirteen (13) years old, you may not access the Site and/or use the Software Product. If you are at least thirteen (13) years old but not yet eighteen (18) years of age, please have your parent(s) or legal guardian(s) review these Terms of Use with you, discuss any questions that you might have and give you their permission to access the Site and/or use the Software Product. If you are a parent or a guardian, you are responsible for exercising supervision over your children's online activities. If you do not agree to the terms of these Terms of Use, do not let your child access the Site and/or use the Software Product. If you are the parent or guardian of a child under the age of thirteen (13) and you believe that your child is using the Software Product without your authorization, please Contact Us.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH ACCESSING THE SITE AND/OR USING THE SOFTWARE PRODUCT. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE AND/OR SOFTWARE PRODUCT, UNTIL YOU HAVE AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SOFTWARE PRODUCT.
These Terms of Use govern your use of the Fast Browser Search engine software product (the "Software Product"), as well as any and all search results generated in connection with, or otherwise derived from, the Software Product (the "Search Results").
Subject to the terms and conditions contained herein, MTWB hereby grants to you a non-exclusive, non-transferable and non-assignable license, for your own personal, internal, end-use purposes only (excluding the commercialization of MTWB information technology, Search Results and online products and/or services), to use the Software Product and access and use the Search Results. This license shall be in effect from the time you accept these Terms of Use, and shall remain in effect for so long as you access the Site, Software Product and/or Search Results, unless this license is otherwise terminated. This license will terminate upon the conditions set forth in these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In addition, MTWB may terminate these Terms of Use for any reason with or without notice to you.
The Software Product, Search Results and Site are protected by United States Copyright Laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product, Search Results and Site are proprietary to MTWB (and/or its third party licensors, suppliers, resellers and partners). All right, title and interest in and to the Software Product, Search Results and Site (including associated intellectual property rights) are and will remain vested in MTWB and/or its third party licensors, suppliers, resellers and partners. You acknowledge that no rights, license or interest in or to any trademarks or trade names of MTWB and/or its third party licensors, suppliers, resellers and partners are granted hereunder. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MTWB is prohibited.
THE SOFTWARE PRODUCT AND THE SEARCH RESULTS ARE LICENSED TO YOU, NOT SOLD. YOU MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF YOUR RIGHTS UNDER THESE TERMS OF USE IN RELATION TO THE SITE, SOFTWARE PRODUCT, SEARCH RESULTS (WHICH MAY ONLY BE SHARED FOR NON-COMMERCIAL PURPOSES AS STRICTLY PERMITTED BY MTWB AND THESE TERMS OF USE) OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE SOFTWARE PRODUCT OR SEARCH RESULTS (WHICH MAY ONLY BE SHARED FOR NON-COMMERCIAL PURPOSES AS STRICTLY PERMITTED BY MTWB AND THESE TERMS OF USE) IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF MTWB, WHICH CONSENT SHALL BE AT MTWB'S SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THESE TERMS OF USE, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY.
YOU MAY NOT USE OR COPY THE SOFTWARE PRODUCT, SEARCH RESULTS AND/OR SITE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE SOFTWARE PRODUCT, SEARCH RESULTS AND/OR SITE OR OTHERWISE ATTEMPT TO DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE SOFTWARE PRODUCT AND/OR SEARCH RESULTS. YOU WILL AT ALL TIMES, INCLUDING DURING AND AFTER THE TERM OF THIS LICENSE, KEEP THE SOFTWARE PRODUCT CONFIDENTIAL.
YOU AGREE THAT THE SOFTWARE PRODUCT AND SEARCH RESULTS MAY NOT BE SHIPPED, TRANSFERRED OR EXPORTED INTO ANY OTHER COUNTRY, OR USED IN ANY MANNER PROHIBITED BY U.S. OR OTHER APPLICABLE EXPORT LAWS AND REGULATIONS. YOU AGREE TO COMPLY WITH ALL OTHER APPLICABLE LAWS AND REGULATIONS. MTWB RESERVES THE RIGHT TO MODIFY, AMEND OR CEASE TO OFFER ANY OF THE SERVICES ASSOCIATED WITH THE SITE OR SOFTWARE PRODUCT WITH OR WITHOUT NOTICE TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MTWB, ITS LICENSORS RESELLERS, PARTNERS, THIRD PARTY SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES AND LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, DUE TO OR ARISING OUT OF YOUR USE OF THE SOFTWARE PRODUCT, SEARCH RESULTS, SITE OR YOUR BREACH OF THESE TERMS OF USE.
You may use the Software Product, Search Results and Site only for lawful purposes. The Software Product, Search Results and Site are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Software Product, Search Results and Site. You agree not to use the Software Product, Search Results, Site and/or any other services provided by MTWB: (i) for any commercial purposes; or (ii) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.
The Software Product may provide access to Search Results or links to other websites or resources. Because MTWB has no control over such third party websites and resources, you acknowledge and agree that MTWB is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that MTWB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products and/or services available on or through the Search Results and/or any such website or resource.
The Software Product, Search Results and Site are exposed to various security issues, and should be regarded as unsecure. By accepting these Terms of Use, you acknowledge and accept that the Software Product, Search Results, Site and any other information that you access or offer to share by means of the Software Product, Search Results, Site or otherwise may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.
THE SOFTWARE PRODUCT, SEARCH RESULTS AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE SOFTWARE PRODUCT, SEARCH RESULTS AND/OR SITE IS AT YOUR OWN RISK. MTWB AND ITS LICENSORS, SUPPLIERS, PARTNERS AND RESELLERS DO NOT WARRANT THAT THE SOFTWARE PRODUCT, SEARCH RESULTS AND SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE PRODUCT, SEARCH RESULTS AND/OR SITE WILL BE UNINTERRRUPTED, ERROR FREE, SECURE, ACCURATE, COMPLETE OR CURRENT. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS DISCLAIMER EXTENDS TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW AND/OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
MTWB'S AGGREGATE LIABILITY AND THAT OF ITS LICENSORS, RESELLERS, PARTNERS, AND THIRD PARTY SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT TO EXCEED THE TOTAL OF FIVE HUNDRED DOLLARS ($500.00). NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL MTWB, ITS LICENSORS, PARTNERS, RESELLERS AND/OR THIRD PARTY SUPPLIERS BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF MTWB OR ANY OTHER APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS REVENUE, OTHER ECONOMIC LOSS OR ANY LOSS OF DATA ARISING OUT OF, OR RELATED TO, THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, SEARCH RESULTS AND/OR SITE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Software Product is a violation of criminal and civil law and MTWB will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
(a) Survival. The limitations of liability and ownership rights of MTWB and its third party licensors, partners, resellers and suppliers contained herein and your confidentiality obligations and other obligations following termination of these Terms of Use shall survive the termination of these Terms of Use for any reason.
(b) Severability. If any provision of these Terms of Use is declared invalid by any court of competent jurisdiction, applicable statute or rule of law, then such provision shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of these Terms of Use as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from these Terms of Use as though such provision had never been included herein.
(c) Conflicting Terms. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter of these Terms of Use and supersede all prior or contemporaneous communications between the parties. Where there is a conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall control in all respects.
(d) Governing Law. These Terms of Use shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and any state Uniform Computer Information Transactions Act or similar federal, provincial or state laws or regulations.
(e) Arbitration. Any controversy or claim arising out of or relating to these Terms of Use, the Software Product, the Search Results and/or the Site will be settled by binding arbitration in accordance with the then-current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or MTWB may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, as necessary to protect your rights or property or those of MTWB pending an outcome in arbitration.
(f) Class Action. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MTWB and/or its employees, officers, directors, members or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that MTWB incurs in seeking such relief. This Section 11(f) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join or participate in class action lawsuits is an independent agreement and shall survive the termination of these Terms of Use.
(g) Licensors, Suppliers, Resellers and Partners. Each party agrees that MTWB's licensors, suppliers, resellers and partners are third party beneficiaries to these Terms of Use with the right to rely on and enforce its terms to their full extent, notwithstanding that such entities are not parties to these Terms of Use. The parties further agree not to take any action that may prevent or otherwise impair any such licensor's, supplier's, reseller's or partner's exercise of these rights.
(h) Contacting the Site. If you have any questions about these Terms of Use, the Software Product, the Search Results or your dealings with the Site, please Contact Us.