Terms Of Service

Introduction

This Terms of Service Agreement (this "Agreement") governs your use of the NEnhancer websites, and desktop, browser, and mobile services, applications, and extensions (collectively the "Software"). The Software offers value adding stand-alone services, enhances your interaction with various websites by adding features, functionality and content through your browser, and provides other functional and entertainment services.

The desktop version of the Software may be downloaded from websites maintained by the Company or its affiliates (the "Sites"). Mobile versions of the Software do not require the download of the desktop version. The Software, the Sites, and any related features, updates, functionalities, products, services, software, websites, programs, promotions or content provided by the Company or its affiliates shall be referred to collectively as the "Services".

Use of the Services is governed by the Company's Privacy Policy and incorporated by reference into this Agreement.

BY DOWNLOADING THE SOFTWARE OR USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AS WELL AS DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY. PLEASE REVIEW THOROUGHLY. TO UNINSTALL THE SOFTWARE, PLEASE USE THE STANDARD OS AND BROWSER PROCEDURES DESCRIBED BELOW.

Acceptance of Terms of Service

The terms in this Agreement are conditions upon which the Company shall grant you a limited license (described more fully below) to use the Services. The Company may modify this Agreement (including the Privacy Policy) at any time by providing notice of such modification to you. All material modifications will apply prospectively only. Your continued use of the Services following notice of modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. If you do not wish to be bound by such modification, you must discontinue use of the Services and uninstall the Software. You may contact us at any time with the contact information listed below. By using the Services, you acknowledge that you are of legal age to form a binding contract, and agree to comply with all applicable laws, rules and regulations ("Applicable Law"). The Company and the Services are based in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so of their own volition and are responsible for compliance with local laws.

Software Features and Compensation

The Software provides a suite of browser features that customize and enhance your interaction with various websites by rendering graphics, text, or other functional or interactive content in your browser. Browsers may be required to close to install the Software, and the Software will be automatically enabled upon restart.

The Software is free to use and supported by various monetization mechanisms, including but not limited to search, banner, video, image, inline text, and transitional advertising, affiliate links, data aggregation and sales, work distribution, surveys, and sweepstakes. Ads and features that appear on websites by using the Software are not associated with or endorsed by underlying websites. Further information may be available in certain ad placements through a link provided in the ad display frame (e.g. "About this Ad"). To remove all Software features and advertising, please uninstall the Software.

The Company is not affiliated with or responsible for any third party websites, products, services or offers promoted in any advertisements or links made available through the Services ("Third Party Service"). When you click on an ad or engage with a Third Party Service, you are interacting with the third party, not with the Company. Your access, interaction, purchase or use of any Third Party Service is at your own risk, and any information provided by you or collected as a result of such use shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Service. We encourage you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with such Third Party Service. All complaints or inquiries related to any Third Party Service must be directed to such Third Party Service. In addition, please uninstall the Software if you deem any Third Party Service ads or links objectionable for any reason.

The Software may automatically, without additional notice, download upgrades, enable new features, and install fixes to the Software.

Uninstalling the Software

The desktop version of the Software may be uninstalled at any time using the following customary browser procedures:

Firefox:
http://support.mozilla.org/en-US/kb/disable-or-remove-add-ons

Chrome:
Extensions: http://support.google.com/chrome/bin/answer.py?hl=en&answer=113907

Applications:
http://support.google.com/chrome_webstore/bin/answer.py?hl=en&answer=1053346

Safari:
https://discussions.apple.com/thread/2523541?start=0&tstart=0

Your browsers may be required to close to complete the uninstall process. Please note that certain non-executable files may remain on your system after uninstalling. These files are a record of your download, and may be used to help prevent fraud and improve the Services if you choose to download the Software again.

The mobile versions of the Software may be uninstalled at any time by accessing the application settings on your mobile device.

Optimizing Browser and Search Settings for the Software

Certain browser and search engine settings may be adjusted to optimize the performance of the Software. If your settings were optimized during installation, they will be automatically adjusted following installation. You may change these settings at any time. PLEASE NOTE THAT CERTAIN OPTIMIZED SETTINGS BELOW MAY LOWER YOUR BROWSER SECURITY LEVEL.

Learn more about Internet Explorer 9 add-on settings here:
http://windows.microsoft.com/en-US/windows7/How-to-manage-add-ons-in-Internet-Explorer-9

Learn more about Firefox add-on settings here:
http://support.mozilla.com/en-US/kb/Customizing%20Firefox%20with%20add-ons

Purchasing Products or Services

If you purchase any product or service from the Company, you may be required to provide personal information, including credit card and billing information ("Personal Financial Information") to a third party service provider not affiliated with the Company (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make such a purchase, you are warranting that you are authorized to use the form of payment card that you provide to the Processor and at least 18 years of age.

The Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order with the Processor. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects your Personal Financial Information, the Company will in no way be responsible or liable to you for any such breach.

You should maintain records of all your purchasing transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized activity associated with your transactions, please contact the Processor directly.

Company's Proprietary Rights

The Services may contain information, software, text, files, images, video, sounds, musical works, 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, "Company Content"). All Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and the Company, the Company owns and retains all rights in the Company Content. Upon your assent to this Agreement, the Company hereby grants you a limited, revocable, nonsublicensable license to use the Software, access the Sites, and use and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with your authorized use of the Software. 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.

Except as expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) 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, internet site, web-based service or other means remove, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Company Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Company Content unless authorized by the Company. You may not build a business utilizing the Company Content, whether or not for profit.

Restrictions on Your Use of the Services

THE SERVICES ARE OFFERED SOLELY FOR YOUR PERSONAL USE AND ENJOYMENT. ACCESSING OR USING ANY OF THE SERVICES FOR ANY COMMERCIAL PURPOSE OR GAIN IS PROHIBITED, UNLESS EXPRESSLY AUTHORIZED BY THE COMPANY IN WRITING PRIOR TO SUCH ACCESS OR USE.

You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that the Company does not control the User Content and the Company assumes no responsibility or liability for objectionable User Content. If you become aware of misuse of the Services, please report this immediately to the Company. The Company assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If at any time, the Company chooses in its sole discretion to monitor the Services, the Company nonetheless assumes no responsibility for User Content other than Company Content, and assumes no obligation to modify or remove any inappropriate User Content, or responsibility for the conduct of any user.
You agree not to do any of the following in connection with your use of the Services:

  • Post, upload or otherwise transmit or link to content that is: harmful, threatening, hateful, violent, discriminatory, abusive, obscene, pornographic, defamatory, false, misleading, tortious or unlawful;
  • Violate the rights of others, including those relating to patents, trademarks, trade secrets, copyrights, privacy, publicity, or other proprietary rights;
  • Violate any third party licenses or agreements, including software licenses, website terms and conditions, and privacy policies;
  • Harass, harm, exploit or endanger another person;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a mobile device, computer or a computer network;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to any of the Services (including the Software) or any servers, networks or accounts of the Company or any of its affiliates;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Services;
  • Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Services;
  • Circumvent or modify any technology, mechanism or software that is part of the Services or used by the Company in connection with the Services, including any mechanisms used to restrict access;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person's consent;
  • Engage in any commercial activity (including but not limited to sales, contests, or sweepstakes) without the Company's prior written consent;
  • Use the Services to advertise or promote competing services or products;
  • Use the Services in any manner inconsistent with this Agreement or Applicable Law; or
  • Attempt, facilitate or encourage others to do any of the foregoing.

The Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by the Company in its sole discretion. You acknowledge the Company reserves the right to investigate and pursue legal action against anyone who, in the Company's sole discretion, violates this Agreement, including but not limited to, reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that the Company may access, preserve or disclose any information transmitted or provided in connection with the Services, including User Content, when the Company has a good faith belief that such access, preservation or disclosure is necessary: (i) to protect or defend the legal rights or property of the Company or its affiliates; (ii) to protect the safety and security of users of the Services or members of the public including acting in urgent circumstances; (iii) to protect against fraud or for risk management purposes; (iv) to comply with the law or legal process; or (v) for any other purpose consistent with the Privacy Policy.

Your Proprietary Rights

The Company does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with the Services; provided, however, that User Content shall not include any content posted by a user that is already owned by the Company or any of its affiliates. By posting any User Content on, through or in connection with the Services, you hereby grant to the Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Services or in connection with any distribution or syndication thereof to a Third Party Service, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The Company's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Services. You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on, through or in connection with the Services.

Copyright Information and DMCA Complaint

The Company respects the intellectual property rights of others. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright rights of any person or entity. The Company does not monitor the Services for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (DMCA) are taken seriously and may result in removal of content deemed to be violating at the Company's discretion, plus other actions or penalties. The Company has a policy of terminating repeat infringers' access to the Services in appropriate circumstances.

If you believe that any material displayed through the Services infringes your copyright, please send the Company's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.

The Company's Copyright Agent for notification of claimed infringement can be reached as by email support@nenhancer.com. Failure to comply with the above requirements may render your DMCA complaint invalid.

Warranty Disclaimer and Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR ACCESS TO AND USE OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE SERVICES, (C) ANY DEFECTS RELATED TO THE SERVICES WILL BE CORRECTED, (D) THE SERVICES ARE FREE OF COMPUTER BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) ANY PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE SERVICES, OR THE INTERRUPTION OR CESSATION OF THE SERVICES, OR (III) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY'S SERVERS, SOFTWARE OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES TO YOU FOR ANY CAUSE OR CLAIM WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY DURING THE PERIOD OF YOUR USE OF THE SERVICES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Agreement to Pre-Arbitration Notification of Dispute

This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). 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 authorized herein are initiated. In the event of a dispute, you shall send a letter to the Company briefly summarizing the claim and the request for relief. The letter shall be sent to support@nenhancer.com. If the dispute is not resolved within 60 days after the letter is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Governing Law

The laws of the State of California and applicable federal law (including the Federal Arbitration Act) will govern this Agreement and any claim or dispute relating thereto or to your use of any of the Services, without regard to any conflicts of law provisions.

Agreement to Arbitrate Claims and Class Action Waiver

Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or the use of any of the Services shall be resolved by final and binding arbitration. The arbitration shall take place in Middlesex, Massachusetts in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association (collectively, the "Rules"). Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to San Diego to participate in the arbitration.

If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $125 base fee. This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim.

The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above-prohibition 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 as follows and notwithstanding any provision in the Rules to the contrary: 1. The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Opting-Out of Arbitration and Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following. Within 30 days of downloading the Software, you must send a letter to support@nenhancer.com. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation, and non-arbitrated claims or disputes arising out of or relating to this Agreement or the use of any of the Services will be resolved exclusively in the state or federal courts in California with the parties consenting to such exclusive jurisdiction and venue.

Notwithstanding any provision herein to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 30 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Your letter must be postmarked by the applicable 30-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 30-day deadline.

Indemnification

You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access or use of any of the Services; (b) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (c) any User Content posted or submitted by you on, through or in connection with the Services. Your indemnification obligation will survive this Agreement and your use of the Services.

Other

The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement, including the Privacy Policy, supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Services. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company.

Contact Us

If you have any questions about this Agreement or wish to receive a copy, please contact us via support@nenhancer.com.

Privacy Policy

Introduction

NEnhancer ("Company", "we" or "us") operates the NEnhancer websites, and desktop, browser, and mobile services, applications, and extensions (collectively the "Software"). The Software offers value adding stand-alone services, enhances your interaction with various websites by adding features, functionality and content through your browser, and provides other functional and entertainment services.

The desktop version of the Software may be downloaded from websites maintained by the Company or its affiliates (the "Sites"). Mobile versions of the Software do not require the download of the desktop version. The Software, the Sites, and any related features, updates, functionalities, products, services, software, websites, programs, promotions or content provided by the Company or its affiliates shall be referred to collectively as the "Services".

This Privacy Policy is part of the Company's Terms of Service Agreement. The Company and the Services are based in the United States. This Privacy Policy applies to all users of the Services, including any of the Sites and the Software. This Privacy Policy describes the Company’s collection and use of users’ personal information (e.g., information that identifies a specific person, such as full name or email address), and non-personally identifiable information (e.g., interests, demographics and site usage) to the extent such information is associated with a particular user.

The Services are general audience, are not targeted to children, and we do not knowingly collect personal information from children under 13 years of age. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us via support@nenhancer.com.

The Software is free to download and use, and is supported by various types of advertising, including but not limited to search, banner, video, image, affiliate, inline text, and transitional ads. These ads are not associated with or endorsed by any underlying websites.

Collection of Information

User Submitted Information.

Personal Information You Submit:

When contacting us for issues related to the Services, you may submit personal information (such as your full name, e-mail address, and other identifying information) to allow us to respond to your inquiry. In addition, when you install the Software on your device, you may be asked to allow us access to certain information on your device, including your address book, contact data information, SMS messages, SD card contents, and other system information and tools. If you do not want us to have access to this information, please do not install or use the Software.

Public Information and Posts:

This consist of comments or content that you may voluntarily post on or through the Services, and the information about you that accompanies those posts or content, such as a user name and/or user picture. Public Information and Posts will always be publicly available to anyone, and will be displayed in search results both on the Services and on external search engines and sites.

Third Party Information and Content:

If you access the Services using a third party service, connection or log-in, your user submitted information may also include your user name associated with that third party service, any information or content you have permitted the third party to share with the Company, and any information you have made public in connection with that third party service. Such third party information and content will be governed by this Privacy Policy and Terms of Service Agreement, and may be publicly available according to applicable policies and user permissions granted by you. In addition, the Company may supplement user submitted information with other information we collect or obtain from your use of the Services and third parties.

Collected Information.

Accessing and Using the Services.
When users access or use the Services, certain non-personally and personally identifiable information (the "User Information") is collected, stored and used for business and marketing purposes, such as maintaining and improving the Services, conducting research, and monetization. This User Information includes, without limitation: IP address, unique identifier number, operating system, browser information, URLs visited, data from URLs loaded and pages viewed, search queries entered, social connections, profile properties, contact details, usage data, and other behavioral, software and hardware information. If you access the Services from a mobile or other device, we may collect a unique device identifier assigned to that device or other information for that device in order to serve content to it. This collected data may also be supplemented with information obtained from third parties or submitted by users.

Tracking and Data Collection Technologies.

The Company may use browser cookies, web and DOM storage data, Adobe Flash cookies, pixels, beacons, and other tracking and data collection technologies, which may include an anonymous unique identifier. These technologies may be used to collect and store information about your use of the Services, including without limitation, web pages, features and content you have accessed, search queries you have run, referral URL information, links you have clicked on, and advertisements you have seen. This data is used for business purposes such as providing more relevant ads and content, and market research. The Company may also use these technologies and other similar tools to relate your use of the Services to personal information obtained from you, through the Services, or a third party. For example, cookie, click stream or other data about your activities using the Services may allow us to limit the offers and content provided to you through the Services to items we think you will find interesting and relevant to you, based on your prior online activities and preferences.

Third Party Tracking and Data Collection.

Third parties that support the Services by serving advertisements or providing other services, such as tracking aggregate site usage or providing users with the ability to comment on or share content, may also use cookies, pixels and other tracking and data collection technologies described above to collect user information. The Company does not control these third parties and their use of these technologies is governed by the privacy policies of the third parties using such technologies.

For more information about third party ad networks that use these technologies, see http://www.aboutads.info/. Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies).

Users can manage the use of Flash technologies, including cookies, with the Flash management tools available at Adobe's website (http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html).

Please note that by blocking cookies or implementing other restrictions, you may not have access to the Services or certain features thereof.

Use and Disclosure of Information

We only share your User Information with non-affiliated third parties when we believe sharing is permitted by you or authorized by this Privacy Policy. In addition, the Company may share your User Information with our parent, subsidiary or affiliate companies without restriction.

Any information about users that we collect or receive may be used and shared for the following purposes:

To provide and manage the Services.
We use the information we collect from and receive about users to provide the Services to you, to measure and improve the Services, to personalize your experience by delivering relevant content, advertising, and marketing messages, for monetization, to allow you to comment on content, participate in promotions or rewards programs, to enable you to communicate and share with other users or services, and to provide you with customer support and respond to inquiries. We may also use aggregated, anonymous data about use of and activity on the Services to assist us in this regard and such data is not subject to this Privacy Policy.

To allow third party service providers to assist us in providing and managing the Services.
The Company may make your User Information available to certain third party service providers, such as contractors, agents or sponsors, who help us manage or provide the Services. Examples of such services include, without limitation: advertising and marketing, developing or supporting products and features, processing payments, administering message boards, processing data or statistics, or supplementing or organizing information and data.

To contact you.
The Company may periodically send promotional materials or notifications to you at email addresses you may have provided to us or we have acquired from third parties or through your use of the Services. We may also send periodic alerts on your mobile device. If you want to stop receiving promotional materials from the Company or any of our affiliates, follow the unsubscribe instructions at the bottom of each promotional email or other method of notification. There are certain service notifications and emails that you may not opt-out of as long as you are registered with or subscribed to the Services, such as notifications of changes to the Services or policies.

To deliver relevant advertising.
We may use the User Information and information we collect about your use of the Services through tracking and other technologies, to assist us in delivering you relevant ads and content when you use the Services. We may work with third party advertising networks and advertisers who help deliver these ads to you. We may share your information (such as search queries you have run, referral URL information, links you have clicked on, etc.) or aggregated information with third parties to improve the relevancy of the ads and content you see using the Services. As noted above, these third party advertising networks and advertisers may also use cookies and other technologies to collect and track information such as, but not limited to, demographic information, aggregated information and Internet activity to assist them in delivering advertising that is more relevant to your interests. They may also utilize supplemental data from other sources and analytics methods to help deliver more relevant ads.

To find out more about third party online advertising and to opt out of this type of advertising, visit the following websites:
Digital Advertising Alliance: http://www.aboutads.info/choices/
Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp

To protect the rights of the Company and our users.
There may be instances when the Company may disclose User Information without providing notice or choice, including situations where the Company has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of the Company, our affiliated companies, or any of their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Services or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

To complete a merger or sale of assets.
If the Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, the Company may transfer your User Information to the party or parties involved in the transaction as part of that transaction.

Notice and Modifications to Privacy Policy

This Privacy Policy is the means by which the Company provides you with notice about its collection and use of your User Information. The Company may modify this Privacy Policy at any time and will provide notice of such modification to you. All material modifications will apply prospectively only. Your continued use of the Services following notice of modification constitutes your acceptance and agreement to be bound by the Privacy Policy as so modified. If you do not wish to be bound by such modification, you must discontinue use of the Services and uninstall the Software. You may also receive a copy of this Privacy Policy by email support@nenhancer.com.

Disclaimers

Advertised or Linked Services.
The Services may be linked to or advertise third party sites, services or products, including without limitation online stores, rewards programs, trial offers, newsletters, contests, affiliate programs, or sweepstakes. The Company is not responsible for the privacy practices of any such third parties, and once you leave the Services via a link or click on an advertisement, you should review the applicable privacy policy of the third party service or site.

Security.
Unfortunately, no transmission of data over the Internet can ever be guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. The Company cannot ensure or warrant the security of any personal information transmitted to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by email support@nenhancer.com and suspend or terminate your use of the Services immediately.

User Control and Uninsalling Software

You may uninstall the Company's downloadable browser add-on Software at any time by following the instructions provided by your browser, on the Software's support page, or by e-mailing us for help at support@nenhancer.com. Note that after you uninstall the Software, certain related files may remain on your system. These remnant files are a record of your previous download and are not executable programs. These files help the Company to prevent fraud on the Services and to better service you if you choose to download the Software again. You may uninstall the Company's mobile applications Software by following the customary operating system procedures on your mobile device platform. You may unsubscribe to Company promotional materials by clicking the “unsubscribe” link at the bottom of the applicable e-mail. Remember that even after you uninstall the Software copies of some information that is publicly viewable may remain viewable in circumstances where, for example, you have commented on content on the Services or if another person copied, stored or shared your information.

Location of Data

The Services are hosted in the United States. If you are a user located outside the U.S., you understand and consent to having any personal information you provide transferred to, processed, and stored in the U.S. and other countries where data protection and other privacy laws may not offer the same level of protection as in your jurisdiction, such as the European Union. This includes the use of cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care.

Contact Us

If you have questions about this Privacy Policy, or if you would like access to your personal information to correct, update, or delete it, please contact us via support@nenhancer.com. Your California Privacy Rights. California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send a request to support@nenhancer.com.