Portal Nation LLC and Big Engage Marketing (collectively "Big Engage Marketing") is pleased to provide you its downloadable search applications including browser extensions/add-ons which are installed on your computer (each, an "Big Engage Marketing Product", and collectively, the "Big Engage Marketing Products")
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING ANY BIG ENGAGE MARKETING PRODUCTS.
BY DOWNLOADING, INSTALLING, ACCESSING AND/OR USING THE BIG ENGAGE MARKETING PRODUCTS YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENSE AGREEMENT, INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED BELOW.
This End-User License Agreement ("EULA") is a legal agreement between you and Portal Nation LLC and subsidiary companies (collectively, "Big Engage Marketing", "we", "us" or "our") for the Big Engage Marketing Products. By installing or otherwise using the Big Engage Marketing Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the Big Engage Marketing Product will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. If you are installing a version of the Big Engage Marketing Product that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service. The terms of this EULA also applies to any Big Engage Marketing Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the Big Engage Marketing Products. Big Engage Marketing may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the Big Engage Marketing Products.
Big Engage Marketing may acquire or develop new Big Engage Marketing Products from time to time that require additional end user license terms. In such case, we may add these additional provisions in a product specific annex or section that will only apply to such new Big Engage Marketing Product and will not vary the terms of this EULA in relation to your use of existing Big Engage Marketing Products (and, as such, we will not be required to notify you of such additional terms unless you also use the new Big Engage Marketing Products).
If you have any questions or concerns regarding the terms herein, please email Big Engage Marketing at firstname.lastname@example.org. Do not use the Big Engage Marketing Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group. By downloading an Big Engage Marketing Product, you will be installing a software application, browser extension and/or changing browser settings (e.g., to set a "new tab" or "home page" in your browser) within one or more of your Internet browsers and/or onto your computer (depending on the product). The Big Engage Marketing Product will allow you to search the Internet, and may provide you with additional features as further described in this EULA.
Services Overview. During the download or usage of a Big Engage Marketing Product you may also be offered the opportunity to set your browser homepage, start page, new tab page and/or default search setting(s) to our search service.
Home Page, New Tab Page: If you select the option to download the Big Engage Marketing Product that sets your new tab and/or reset your Internet browsers' default homepage or new tab page, the specified webpage will become your default home page/new tab page and the specified new tab product will appear each time you open a new tab in your Internet browser. These Big Engage Marketing Products are further subject to the policies/terms of service linked to in the footer of such products themselves.
Default Search, Address Bar Queries, DNS Errors: If you select the option to download the Big Engage Marketing Product that sets your Internet browser default search feature, the Big Engage Marketing Product will become your default search setting and you may access (i) by entering queries in your browser chrome search box; (ii) by entering queries in your browser address bar, and/or (iii) in response to misspelled, incorrectly formatted or unresolved DNS submissions in your browser address bar, in each case if and as applicable based on your browser(s) and the specific Big Engage Marketing Product version.
Big Engage Marketing Product Features. Related Search: The Big Engage Marketing Product may include functionality that provides related search suggestions based on any or all of your web queries and/or the content or URL of the web pages you visit. Search Suggestions: The Big Engage Marketing Product may include functionality that provides search and/or website suggestions based on the foregoing and/or each typed in letter in a search box or other search access point.
Top Sites: The Search Application may include functionality that provides you quick access to top sites across your browsers.
Trending: The Search Application may display trending searches on the internet.
Browser Action Buttons: The Big Engage Marketing Product may include functionality that provides access to various features via a browser action button located on your browser.
You must be 13 years of age or older to install or to use the Big Engage Marketing Products (unless you resident in the EEA, in which you must be 16). If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Big Engage Marketing Products for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Big Engage Marketing Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Big Engage Marketing Products or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Big Engage Marketing Products, please contact us at email@example.com.
Grant of License
Other Rights and Limitations
A) Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Big Engage Marketing Products or use the Big Engage Marketing Products for the benefit of any third party. You may not install the Big Engage Marketing Products on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Big Engage Marketing Products, except to remove our Big Engage Marketing Products from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Big Engage Marketing Products, or attempt to do so for any reason. You may not access, create or modify the source code of any Big Engage Marketing Products in any way. You do not have the right to and may not create derivative works of any Big Engage Marketing Products. All modifications or enhancements to an Big Engage Marketing Products remain the sole property of Big Engage Marketing.
B) Big Engage Marketing Products Updates. We reserve the right to add or remove features or functions to existing Big Engage Marketing Products. When installed on your computer, the Big Engage Marketing Products periodically communicates with our servers. We may require the updating of the Big Engage Marketing Products on your computer when we release a new version of the Big Engage Marketing Products, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Big Engage Marketing Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Big Engage Marketing Products.
C) Mobile Usage. If you access a Big Engage Marketing Product through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain Big Engage Marketing Products may be prohibited or restricted by your network provider and not all Big Engage Marketing Products may work with your network provider or device.
Big Engage Marketing Product Functionality
Big Engage Marketing Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "Big Engage Marketing Product Functions"). The Big Engage Marketing Product Services are provided by Big Engage Marketing and third party suppliers who offer content and services in conjunction with or through an Big Engage Marketing Product (the "Third Party Partners"). The Big Engage Marketing Product Functions may be provided via your desktop, within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. Big Engage Marketing Products Functions may provide you with Internet search functionalities (for example, via a search box located within the Big Engage Marketing Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser's address bar, omnibox and/or chrome search box), and/or links to other Big Engage Marketing products or websites.
A) Third-Party Services and Content. The Big Engage Marketing Products may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. If you are installing a Big Engage Marketing Product that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Big Engage Marketing Products may provide access to search results or other links to Third Party Partner websites or resources. Big Engage Marketing has no control over such sites and resources, in which you acknowledge and agree that Big Engage Marketing is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Big Engage Marketing 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 such Content (as defined below), goods or services available on or through any such site or resource.
B) Access to Third-Party Services and Content through Big Engage Marketing Products. All services, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an Big Engage Marketing Product, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using a Big Engage Marketing Product you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Big Engage Marketing be liable in any way for any Content created by or originating with entities other than Big Engage Marketing, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an Big Engage Marketing Product.
We have security measures in place that are designed to safeguard and help prevent unauthorized access to information we collect online through our Big Engage Marketing Products. We utilize both industry and proprietary standards to preserve the confidentiality of information. We seek to limit access to our users' information to employees who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Unfortunately, no security system can be 100% secure; accordingly, we cannot guarantee the security of the information that we collect online.
Registration and Passwords
A) Registration. Most Big Engage Marketing Products will not require a registration: however, some Big Engage Marketing Products may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
B) Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
C) Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Big Engage Marketing Product, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of our services.
Un-install/Removal of an Big Engage Marketing Product
You can easily uninstall an Big Engage Marketing Product by either: following the steps described in Windows Add/Remove programs dialog found in the control panel, or in the case of a Browser extension, choosing the extension removal setting in your browser.
The Big Engage Marketing Products, including all code, content, protocols, software, and documentation provided to you by Big Engage Marketing are Big Engage Marketing's property or the property of Big Engage Marketing's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Big Engage Marketing Products. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors.
The Big Engage Marketing name, logos and affiliated properties, are the exclusive property of Portal Nation LLC All other trademarks appearing on any Big Engage Marketing Product are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Big Engage Marketing Product. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the Big Engage Marketing Product(s). It is your obligation to ensure that such content, including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted content that you contribute, submit or display.
B) Big Engage Marketing respects and expects its users to respect the rights of copyright holders. On notice, Big Engage Marketing will act appropriately to remove content that infringes the copyright rights of others. Big Engage Marketing reserves the right to disable the access to Big Engage Marketing Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a Big Engage Marketing Product, or elements, infringe your copyright rights, Please contact at: firstname.lastname@example.org
Please ensure you communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
C) Objectionable Content. Big Engage Marketing may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Big Engage Marketing's sole discretion. "Objectionable Content" includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group
- Content that may harm minors in any way
- Content that has the goal or effect of "stalking" or otherwise harassing another
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy
- Content that is vulgar, offensive, obscene or pornographic
- Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
D) Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of marketing and/or promotion of the Services. If, at our request, you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Big Engage Marketing. None of the Submissions shall be subject to any obligation of confidence on the part of Big Engage Marketing, and Big Engage Marketing shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Big Engage Marketing shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
E) Repeat Infringer Policy. Big Engage Marketing will terminate a user's access to an Big Engage Marketing Product(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
F) No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
You understand that Big Engage Marketing, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Big Engage Marketing Products at any time. Further, Big Engage Marketing, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Big Engage Marketing Products or any of its component features. You agree that Big Engage Marketing shall not be liable to you or any third-party for any termination or disabling of the Big Engage Marketing Products.
Disclaimer of Warranty
ALL BIG ENGAGE MARKETING PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. BIG ENGAGE MARKETING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, BIG ENGAGE MARKETING MAKES NO WARRANTY THAT THE BIG ENGAGE MARKETING PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE BIG ENGAGE MARKETING PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE BIG ENGAGE MARKETING PRODUCT OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN BIG ENGAGE MARKETING PRODUCT REMAINS SOLELY WITH YOU.
BIG ENGAGE MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIG ENGAGE MARKETING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIG ENGAGE MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE BIG ENGAGE MARKETING PRODUCT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE BIG ENGAGE MARKETING PRODUCT. IN NO EVENT SHALL BIG ENGAGE MARKETING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING A BIG ENGAGE MARKETING PRODUCT.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE BIG ENGAGE MARKETING PRODUCT, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BIG ENGAGE MARKETING, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE BIG ENGAGE MARKETING PRODUCTS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY BIG ENGAGE MARKETING OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Arbitration and Governing Law
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Big Engage Marketing Products, or the websites and features available therefrom, shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Big Engage Marketing in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Big Engage Marketing any class action, class arbitration, or other representative action or proceeding.
By using the Big Engage Marketing Products in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Big Engage Marketing (except for matters that may be taken to small-claims court). AS FURTHER SET FORTH IN SECTION 20, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in San Jose, California USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Engage Marketing Product
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Big Engage Marketing and you agree that Big Engage Marketing and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to this EULA (such as with respect to their validity or enforceability) or the Big Engage Marketing Product (for example, relating to any person's access to or use of the Big Engage Marketing Product, or the provision of content, products, services, or technology on or through the Big Engage Marketing Products, or the handling of information collected on the Big Engage Marketing Products), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Big Engage Marketing and you further agree that Big Engage Marketing and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to this EULA (such as with respect to their validity or enforceability) or the Big Engage Marketing Product (for example, relating to any person's access to or use of the Big Engage Marketing Product, or the provision of content, products, services, or technology on or through the Big Engage Marketing Product, or the handling of information collected on the Big Engage Marketing Products).
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Santa Clara county, California.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Big Engage Marketing, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this EULA (such as with respect to their validity or enforceability) or the Big Engage Marketing Products (for example, relating to any person's access to or use of the Big Engage Marketing Products, or the provision of content, products, services, or technology on or through the Big Engage Marketing Products, or the handling of information collected on the Big Engage Marketing Products).
If any provision of this EULA is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in this EULA shall continue in full force and effect.
Limitation of Actions
You agree that any claim or cause of action arising out of your use of the Big Engage Marketing Products or this EULA must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Big Engage Marketing to enforce or exercise any provision of this EULA or related right shall not constitute a waiver of that right or provision.
If you have any questions about this EULA or our information-handling practices, other other questions, please contact us by email email@example.com