These Terms of Service (hereinafter, the "Agreement") state the terms and conditions that govern Your use of this website and Our other services.
This Terms of Service Agreement (the "Agreement") constitutes a legally binding contract by and between WebBrowserTools.com (hereinafter, "WebBrowserTools.com," "We," "Us," or "Our") and You or Your company (in either case, "You" or "Your") concerning Your use of WebBrowserTools.com's website (the "Website") and the services available through the Website (the "Services"). Our official company name is CGP Holdings, Inc., but We operate under the name WebBrowserTools.com. Whenever we use the terms "WebBrowserTools.com," "We," "Us," or "Our," please note that we are referring to CGP Holdings, Inc. d/b/a WebBrowserTools.com.
You agree to this Agreement by doing any one of the following:
Using, accessing, or viewing this Website; Submitting content, such as comments or forum posts, to Us for publication. Please read this Agreement carefully. If You do not agree to this Agreement, You may not access or otherwise use this Website or our Services.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company.
This Agreement is void where prohibited.
You agree that there are no third-party beneficiaries to this Agreement.
This Agreement constitutes the entire agreement between WebBrowserTools.com and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of WebBrowserTools.com or by the unilateral amendment of this Agreement by WebBrowserTools.com and by the posting of such amended version by WebBrowserTools.com. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of WebBrowserTools.
Any cause of action you may have with WebBrowserTools.com, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
We will not be deemed to have waived any of Our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on Our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions, or provisions of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. You agree that any notice received from WebBrowserTools.com electronically satisfies any legal requirement that such notice be in writing.
You shall give any notice to WebBrowserTools.com by means of email: email@example.com
Subject to Your compliance with the terms and conditions of this Agreement, WebBrowserTools.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of WebBrowserTools.com. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of WebBrowserTools.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
To use, view, or access this Website, You must be at least thirteen (13) years old.
When You access, view, or use this Website, you agree to the terms of this Agreement.
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other WebBrowserTools.com policies, and with any applicable laws or regulations. You knowingly and freely assume all risk when using the Website and Services.
With the exception of famous search engines (Google, Yahoo!, Bing, AOL, and Ask), You agree that You will not use any spider, crawler, robot, or other computer program to copy or index this Website or any content contained therein in any way.
We may change, suspend, or discontinue any aspect of this Website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability.
This Website may contain links and pointers to other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by Us or any of Our subsidiaries or affiliates of any third-party resources, or their contents. Note that such third-party sites may have privacy policies different from Ours. Accordingly, You access and use such third-party content at Your own risk.
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. WebBrowserTools.com does not: (1) guarantee the accuracy, completeness, or usefulness of any third-party information on the Website; or (2) adopt, endorse, or accept responsibility for the accuracy of reliability of any opinion, advice, or statement made by a third-party by means of the Website and Services. Under no circumstances will WebBrowserTools.com be responsible for any loss or damage resulting from Your reliance on information or other content posted on the Website or transmitted to or by any third-party.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.
WebBrowserTools.com is a participant in various Affiliate Advertising Programs (the "Programs"). The Programs are designed to provide a means for websites, such as WebBrowserTools.com, to earn advertising fees by advertising and linking to various product and service offerings.
In connection with the use of our Community Forums, You may be required to create a Forum Account and complete a registration form in order to post messages or use certain forum features, such as emailing other Community Forum members. Although registering for a Forum Account may not be necessary for all Community Forum boards, it is recommended that You register for and create a Forum Account.
When you register for or use an Forum Account with WebBrowserTools.com, You agree to the terms of this Agreement.
You agree that all information You submit to Us is true and correct. You further agree that You will not register for or use a Forum Account for any third person or entity.
To prevent unauthorized access or use of Your Forum Account, You agree that you will keep Your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of Your password or user ID could permit unauthorized persons to gain access to Your Forum Account and Your sensitive personal and Forum Account information and to use that information for fraudulent purposes, including identity theft. If You disclose your password, user ID, and other Forum Account information to any person or entity, You assume all risks and losses associated with such disclosure. If You permit any other person or entity to use or access Your Forum Account, You are responsible for any transactions and activities performed from Your Forum Account and for any use of Your personal and Forum Account information by such person or entity.
We may at Our option change the parameters for the password used to access Your Forum Account without prior notice to You, and if we do so, You will be required to change your password the next time You log into Your Forum Account.
You are solely responsible for Your interactions with other WebBrowserTools.com Community Members. You acknowledge and understand that WebBrowserTools.com has not and does not, in any way: (A) screen its members; (B) inquire into the backgrounds of its members; or (C) review or verify the statements of its members. You hereby agree to exercise reasonable precaution in all interactions with other members, particularly if You decide to meet another member in person. WebBrowserTools.com does not represent, warrant, endorse, or guarantee the conduct of its members. In no event shall WebBrowserTools.com be liable for indirect, special, incidental, or consequential damages arising out of or relating to any member's conduct in connection with such member's use of the Services, such as access to the Community Forum, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or any other damages resulting from communications or meetings between members.
WebBrowserTools.com does not control the Community Forums made available by means of the Website and Services. Forum administrators and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your Forum Account profile, or modify any User Content (as defined in Section 14 below) on the forum. You should contact the forum administrator directly with any complaint, grievance or problem. WebBrowserTools.com reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold WebBrowserTools.com harmless in connection with any dispute or claim You make against any other member.
You hereby grant the WebBrowserTools.com parties a perpetual, fully paid-up worldwide, sublicensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat, and otherwise use user content in connection with the operation of the website, services, or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that the WebBrowserTools.com parties may publish or otherwise disclose Your personal information in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the WebBrowserTools.com parties of the rights granted under this section, including without limitation any claims relating to Your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
You hereby represent and warrant that You own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided the WebBrowserTools.com parties under this section.
"Public Forum" is any area, site, or feature offered as part of the Website (including without limitation discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same.
WebBrowserTools.COM DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
We encourage You and all our users to submit comments to this Website and engage in our Forum Community. We do not and cannot review all materials posted to this Website by users, and We are not responsible for any such materials posted by users.
By submitting content to Us, You represent, warrant, and covenant that: (a) You shall not upload, post, or transmit to or distribute or otherwise publish through this Website any materials which (i) restrict or inhibit any other user from using and enjoying this Website, (ii) are unlawful, threatening, abusive, libelous, excessively violent, harassing, obscene, lewd, lascivious, filthy, defamatory, or pornographic, (iii) constitute child pornography, (iv) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, (v) incite, encourage, or threaten physical harm against another, (vi) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people, (vii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (viii) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (ix) contain a virus or other harmful component, (x) contain any information, software, or other material of a commercial nature, (xi) contain advertising of any kind, (xii) constitute or contain false or misleading indications of origin or statements of fact, (xiii) violate any provision of this Agreement or any other WebBrowserTools.com agreement or policy; and (b) that you are at least eighteen (18) years old.
WebBrowserTools.com disclaims any perceived, implied, or actual duty to monitor the contents of the Website and specifically disclaims any responsibility or liability for information provided hereon. Without limiting any of its other remedies, WebBrowserTools.com reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance, or distribution of content that violates the above-mentioned covenants. WebBrowserTools.com, in its sole discretion, may delete any content from its servers. WebBrowserTools.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
By posting comments, forum posts, or engaging in any other form of communication (individually or collectively, "Communications") to this Website or WebBrowserTools.com, You hereby grant to WebBrowserTools.com and its successors and assigns a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against WebBrowserTools.com and its successor and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Please note that upon submission, any suggestion, idea, or proposal or other material You provide to Us becomes Our property without limitation or further consideration.
You agree and understand that You may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, WebBrowserTools.com is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
This Website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of this Website are only for Your personal, non-commercial use. All materials contained on this Website are protected by copyright, and are owned or controlled by WebBrowserTools.com. You will abide by any and all additional copyright notices, information, or restrictions contained on this Website. Copying or storing of any portion of this Website for other than personal, noncommercial use is expressly prohibited without Our prior written permission.
All logos, product, and service names on this Website are owned by WebBrowserTools.com (the "WebBrowserTools.com Trademarks"). You agree that You will not use the WebBrowserTools.com Trademarks without Our express permission.
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights.
You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused WebBrowserTools.com, by your use of the website and services. You bear the sole burden of proving that content, information, or other materials do not violate any laws or third-party rights. WebBrowserTools.com terminates Forum Accounts of users determined to be repeat infringers.
As WebBrowserTools.com asks others to respect our intellectual property rights, WebBrowserTools.com respects the intellectual property rights of others. If You believe that Your copyrighted material has been improperly posted, uploaded, displayed, or published on this Website, We encourage You to notify Us by email: firstname.lastname@example.org
At a minimum, any email notice of claimed infringement must contain the following:
You hereby agree to indemnify, defend, and hold WebBrowserTools.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our written consent.
WebBrowserTools.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WebBrowserTools.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD-PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, WebBrowserTools.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WebBrowserTools.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WebBrowserTools.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES WILL WebBrowserTools.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO WebBrowserTools.COM OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT WebBrowserTools'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State of California. You agree to subject yourself to the personal jurisdiction of the courts of California.
Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and WebBrowserTools.com, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by WebBrowserTools.com (such as false advertising and fraud), and excluding defamation and intellectual property right infringement claims by WebBrowserTools.com or its owners, officers, employees, and assigns, shall be settled solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPAE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
All claims, excluding defamation and intellectual property right infringement claims by WebBrowserTools.com or its owners, officers, employees, and assigns, shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree to not raise the defense or argument of forum non conveniens.
LAST UPDATED: January, 2019