AdRemove Max End User License Agreement

PLEASE READ THIS AGREEMENT AND UNDERSTAND THAT YOU INDICATE YOUR ACCEPTANCE BY CLICKING THE “I AGREE” BUTTON OR “I AGREE” HYPERTEXT LINK ON THE ADSHIELDPLUS INSTALL PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. YOU MAY NOT PURCHASE THE ADSHIELDPLUS AD BLOCKER UNLESS YOU ACCEPT THE TERMS OF THIS LICENSE.

This AdRemove Max End User License Agreement (the “License Agreement”) is between you, the End User (“End User”), and Brands We Luv Inc., d/b/a AdRemove Max (“AdRemove Max”). AdRemove Max agrees to provide End User with browser extension software that assists with the removal of advertisements and tracking technologies from websites End User visits with the AdRemove Max extension product (“AdRemove Max Extension”). End User has a limited number of days to use the AdRemove Max Extension or app as specified in the trial offer located on the sign-up page. After the trial period, all licenses granted herein shall terminate until such time End User agrees to pay the Fees to AdRemove Max according to the terms of this Agreement.

Definitions.
1.1 “AdRemove Max Web Site” means the website located at adremovemax.com.

1.2 “AdRemove Max Registration Form” means the web form that shall be displayed to End Users after End User accepts this Agreement.

1.3 “AdRemove Max Download Landing Page” means the webpage that will be downloaded to End User’s computer after the End User has properly submitted the required information on the AdRemove Max Registration Form to AdRemove Max. The AdRemove Max Download Landing Page shall grant End User the ability to download the AdRemove Max Extension or mobile application.

1.4 “AdRemove Max Extension” means the AdRemove Max browser extension located on the AdRemove Max Download Landing Page, which includes the full AdRemove Max Extension and a copy of this License.  The AdRemove Max Extension may also include the full AdRemove Max Mobile application which may be downloaded from the iOS app store or the Google play store.

1.5 “Acceptance” means that the End User has accepted the terms of this Agreement and has manifested said acceptance by clicking on the “I Agree” button or “I Agree” hypertext link at the bottom of this Agreement.

1.6 “Fees” are the payments enumerated in this Agreement which End User agrees to pay to AdRemove Max for the AdRemove Max Extension.

AdRemove Max’s Duties.
2.1 Privacy of End User’s Information. AdRemove Max shall not disclose to third parties any personal information which End User forwards to AdRemove Max through the AdRemove Max Registration Form. The information which the End User forwards to AdRemove Max through the AdRemove Max Registration Form shall be used solely by AdRemove Max for the purposes of billing, and for notifying End User of any future information pertaining to the AdRemove Max Extension, such as upgrade information.

2.2 Provision of AdRemove Max Extension. AdRemove Max shall allow End User to access the AdRemove Max Download Landing Page after the End User has (1) indicated Acceptance of this Agreement, and (2) has properly filled out all information on the AdRemove Max Registration Form. AdRemove Max shall allow End User to download the AdRemove Max Extension from the AdRemove Max Download Landing Page after the End User has accessed the AdRemove Max Download Landing Page.

End User’s Duties.
3.1 Payment. End User agrees to pay AdRemove Max the Fees after the specified number of days set forth in the free trial period has elapsed.

3.2 AdRemove Max Registration Form. End User shall enter and forward to AdRemove Max truthful and factually accurate information on the AdRemove Max Registration Form. End User shall provide payment information on the AdRemove Max Registration Form which AdRemove Max shall use according to and in the amount of the Fees.

3.3 Intellectual Property Ownership. End User recognizes that the AdRemove Max name is a trademark of Brands We Luv Inc. End User further recognizes that the AdRemove Max Extension is AdRemove Max’s copyrighted intellectual property. However, the uBlock Origin software accessed by and provided with the AdRemove Max Extension is free software available under the GNU General Public License (GPL) v3.0 as set forth at https://github.com/gorhill/uBlock/blob/master/LICENSE.txt.

License.
BRANDS WE LUV INC. GRANTS TO END USER A NON-EXCLUSIVE LICENSE TO USE THE ADREMOVE MAX EXTENSION AS PROVIDED IN THIS LICENSE. THE ADREMOVE MAX EXTENSION IS LICENSED BY BRANDS WE LUV INC. TO END USER FOR END USER’S USE ONLY ACCORDING TO THE TERMS OF THIS AGREEMENT.

4.1 Use of AdRemove Max Extension. End User may install and use the AdRemove Max Extension on no more than two (2) computers at a time for monthly subscriptions or no more than four (4) computers at a time for yearly subscriptions unless there is a bonus specified at the time of purchase.

4.2 Term of License. This License Agreement is effective (a) for the specified number of days set forth in the trial period, after which End User may opt to extend the Agreement with a subscription plan offered by AdRemove Max, and (b) for the term of the subscription plan(s), which shall automatically renew until terminated as set forth herein (the “Term”). End User may terminate this License Agreement by permanently deleting the AdRemove Max Extension, and by written notice to AdRemove Max, at any time with or without cause. Upon expiration or termination of this Agreement, End User shall be obligated to pay all fees that have become due before such expiration or termination, and no expiration or termination by either Party shall entitle End User to a refund.

4.3 uBlock and GPL. The AdRemove Max Extension accesses uBlock software which is provided under GNU General Public License (GPL) v3.0. The uBlock software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Your license to use the uBlock software is governed by the GPL 3.0 as set forth at https://github.com/gorhill/uBlock/blob/master/LICENSE.txt. The uBlock software source code may be downloaded from https://github.com/gorhill/uBlock.

4.4 Restrictions. End User shall not, directly or indirectly (1) lease the AdRemove Max Extension, (2) modify, reverse engineer, decompile, disassemble or create derivative works from the AdRemove Max Extension, (3) use the AdRemove Max Extension to violate any applicable law, rule, or regulation, (4) distribute or make the AdRemove Max Extension available for download, or (5) use the AdRemove Max Extension to develop any competing software or service, or any other purpose that results in commercial competition with AdRemove Max.

4.5 Severability. If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.

Copyright. The AdRemove Max Extension is copyrighted material owned by AdRemove Max and is protected by Canada and United States copyright law and international treaties. End User agrees that AdRemove Max owns and holds title to the AdRemove Max Extension and all subsequent copies thereof regardless of the form or media, and that all title, ownership rights, and intellectual property rights in the AdRemove Max Extension shall remain with AdRemove Max. End User may not copy or otherwise reproduce any part of the AdRemove Max Extension except as specified in Paragraph 4.1. The AdRemove Max Extension accesses uBlock software which is free software that you can distribute and/or modify under the terms of the GNU General Public License v3.0 set forth at https://github.com/gorhill/uBlock/blob/master/LICENSE.txt. The uBlock software source code may be downloaded from https://github.com/gorhill/uBlock.

Fees. After the specified number of days set forth in the trial period page have elapsed, End User agrees to pay, on a recurring basis, all fees charged by AdRemove Max, as further detailed on the sign-up form on the AdRemove Max website based on the plan you select, to AdRemove Max by entering proper credit card information on the AdRemove Max Registration Form.

AdRemove Max Registration Form. The AdRemove Max Information Page shall require End User to enter End User’s full name, address, phone number, and payment information. The AdRemove Max Information Page shall also ask End User to provide voluntary information which AdRemove Max shall use only according to the terms of Paragraph 2.1.

Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. The parties consent to arbitration exclusively in San Diego, California, for all actions arising out of or related to this Agreement. The parties hereby agree to waive their right to a jury trial.

Arbitration. Any dispute arising out of or related to this Agreement shall be resolved by arbitration before a single arbitrator. Arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 et. seq. The arbitrator shall be from the Southern California area and will be selected by the mutual agreement of the parties. The arbitrator shall issue rulings, decisions, orders, judgments, and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded attorney’s fees and costs, including the costs of the arbitrator. If a party files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney’s fees and costs related to the motion or petition.

Indemnification. AdRemove Max shall not undertake to resolve any disputes or litigation on End User’s behalf involving use of the services or products described herein, and End User agrees to indemnify, hold AdRemove Max harmless, and defend AdRemove Max against any disputes involving use of the AdRemove Max Extension.

DISCLAIMER OF WARRANTIES. The services and products provided by AdRemove Max under this Agreement are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND TO END USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND TITLE. END USER AGREES THAT ANY EFFORTS BY ADSHIELDPLUS TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ADSHIELDPLUS EXTENSION REMAINS WITH END USER.

LIMITATION OF REMEDIES. END USER AGREES THAT ADSHIELDPLUS SHALL NOT BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF ADSHIELDPLUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO ADSHIELDPLUS , OR ADREMOVE MAX WAS GROSSLY NEGLIGENT. IN NO EVENT SHALL ADREMOVE MAX’S’ LIABILITY EXCEED THE TOTAL FEES PAID BY END USER FOR THE ADREMOVE MAX EXTENSION. END USER AGREES THAT ANY EFFORTS BY ADREMOVE MAX TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATION OF REMEDIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to End User. In such jurisdictions, AdRemove Max’s liability is limited to the greatest extent permitted by law.

Export Restrictions. End User agrees not to export the AdRemove Max Extension or any copies thereof or any products utilizing the AdRemove Max Extension in violation of any applicable laws or regulations of the United States. End User agrees to indemnify AdRemove Max from liability if End User violates any such laws or regulations.

Modifications. AdRemove Max reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If Brands We Luv Inc. modifies this Agreement, we will post the modification on our website. By continuing to access or use the AdRemove Max Extension after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the AdRemove Max Extension and any related services pursuant to the terms of this Agreement.

Force Majeure. AdRemove Max shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event AdRemove Max shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.

Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only by a written agreement signed by authorized representatives of both parties.

Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.

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