Terms & Conditions
Last Updated: December 10, 2019
Pacmarc S.A. (collectively, "PAC", "we", or "us") is pleased to provide you its website, and the related websites, applications, e.g. tool bars, content, products and services made available, or available for download on the page on which these TerPAC of Service are posted (collectively, along with the Search Applications described in Section 1, the "PAC Services").
IMPORTANT: BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH PACMARC THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 14.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERPAC OF SERVICE, DO NOT DOWNLOAD OR ACCESS THE PAC SERVICES.
If you have any questions or concerns regarding these Terms of Service, please email us at email@example.com. Do not use the PAC Services until your questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of this Terms of Service.
• Services Overview
A. Toolbar and Search Application Services. The PAC Services offer a number of features that may allow you to enter and perform Internet searches (“Search Applications”), reset your Internet browser's default homepage and/or new tab page, customize widgets, and much more. To use such PAC Services you may be required you to install such services into your Internet browser.
The PAC Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terPAC of use agreements and privacy policies that apply to such third-party services and content, which may be found on the relevant third-party's website.
B. PAC Search Services (Powered by Finderito.com). The Search Applications provide features to facilitate Internet search and communication services, including through the Finderito search portals. This search functionality may be implemented through browser settings and “extensions” that set or default your browser homepage, start page, new tab page and/or default search setting(s), depending on which PAC Service you are using and what options you select. If you do not wish to reset your setting(s) in this way, you can decline or opt-out of the setting(s) change by unchecking the appropriate checkbox during the download and installation process for the relevant PAC product that provides access to the PAC Services. Certain PAC products, such as Chrome new tab products, may be available through the online store operated by the browser developer (e.g., the Chrome web store) and the user disclosures and options may vary based on the store’s requirements. The search features, as well as other non-search-related features, may be customized by you. In addition, you can disable or remove the default these search features by removing or disabling the applicable files you downloaded from the PAC Services, depending on your browser, browser version, and tools and features provided in your respective browser.
C. Finderito Services. As part of the PAC Services, you will have access to services made available through the “Finderito” portal, accessible at http://www.Finderito.com
• Age Requirement
You must be 13 years of age or older to install or to use the PAC Services. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this TerPAC of Service with you, discuss any questions you might have, and install the PAC Services for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a PAC Service, you agree to the terPAC of this TerPAC of Service on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this TerPAC of Service, do not let your child use the PAC Services or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the PAC Services, please contact us at support@Finderito.com.
• Use of Services; Eligibility; Grant of License
You may access the PAC Services for personal, non-commercial purposes. Use of the PAC Services is void where prohibited. By accessing or otherwise using the PAC Services, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally bound, and to abide, by these TerPAC of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terPAC and conditions of these TerPAC of Service; and (iii) if you purport to be acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time and from time to time, to temporarily or permanently, in whole or in part, to: (a) modify or discontinue the PAC Services, including, but not limited to (i) restricting the time the PAC Services are available, (ii) restricting use of certain PAC Services to users in specified geographic regions, (iii) restricting the amount of use of the PAC Services permitted (which may vary depending on membership level), and (iv) restricting or terminating any user's right to use the PAC Services, with or without notice; (b) charge fees in connection with the use of all or part of the PAC Services; (c) modify and/or waive any fees charged in connection with the PAC Services; and/or (d) offer opportunities to some or all users of the PAC Services.
You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the PAC Services (in whole or in part), any content, or features offered through the PAC Services. Your continued use of the PAC Services following the posting of changes to these TerPAC of Service will constitute your acceptance of such changes. We may acquire or develop new PAC Services from time to time that require additional terPAC of service. In such case, we will add these additional provisions in a product specific addendum or section that will only apply to such new PAC Service and will not vary the terPAC of these TerPAC of Service in relation to your use of existing PAC Services (and, as such, we will not be required to notify you of such additional terPAC unless you also use the new PAC Services).
Subject to the terPAC and conditions set forth herein, and any applicable third party restrictions, Pacmarc grants you a revocable, non-transferable, non-exclusive and non-sublicensable, limited right and license, to access and use the PAC Services. Pacmarc reserves all rights to ownership or use not expressly stated herein, and disclaim any and all implied licenses.
• Disclosure of Information To Third Parties
7. Disclaimers of Warranties
ALL PAC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. PACMARC EXPRESSLY DISCLAIPAC 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, PACMARC MAKES NO WARRANTY THAT THE PAC SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE PAC SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE PAC SERVICES OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN PAC SERVICES REMAINS SOLELY WITH YOU.
PACMARC EXPRESSLY DISCLAIPAC ALL WARRANTIES RELATING TO SERVICES PROVIDED BY THIRD PARTIES.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PACMARC 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 PACMARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PAC SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PAC SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE PAC SERVICES. IN NO EVENT SHALL PACMARC'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 THE PAC SERVICES.
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 PAC SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PACMARC, ITS PARENTS, AFFILIATES 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 PAC SERVICES, YOUR VIOLATION OF THESE TERPAC OF USE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY PACMARC OF ANY BREACH OF SECURITY KNOWN TO YOU.
Pacmarc may in its sole discretion and at any time terminate your use of the PAC Services (including without limitation the Finderito Services) and/or disable your use of the PAC Services, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the term or policies applicable to your use of the PAC Services. We may do so without advance notice, such as (but not limited to) if we discontinue the PAC Services or any aspect or features of them. Further, you agree that Pacmarc shall not be liable to you or any third-party for any termination of your access to the PAC Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
11. Intellectual Property
You acknowledge that the PAC Services contain software, graphics, photos, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Pacmarc generated Content and Content provided to Pacmarc by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Pacmarc owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the PAC Services. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website, the PAC Services or networked computer environment is strictly prohibited.
The Pacmarc affiliated properties, are the exclusive property of Pacmarc S.A. and/or our corporate affiliates. All other trademarks appearing on the PAC Services 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 the PAC Services. 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 on the PAC Services 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.
Further, we own and assert a copyright in the selection, coordination, arrangement and enhancement of this website. Our partners may also have additional proprietary rights in the content that they make available through the PAC Services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way commercially exploit, any of the content on this website.
12. Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the PAC Services, or the Website 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 the Company 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 the Company any class action, class arbitration, or other representative action or proceeding.
By using the PAC Services 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 the Company (except for matters that may be taken to small-claims court). AS FURTHER SET FORTH IN SECTION 14, 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. For details on the arbitration process, see our Arbitration Procedures.
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 New York County, New York. 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 New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
13. Class Action Waiver
Pacmarc and you agree that Pacmarc 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 these Terms of Service (such as with respect to their validity or enforceability) or the PAC Services (for example, relating to any person’s access to or use of the PAC Services, or the provision of content, products, services, or technology on or through the PAC Services, or the handling of information collected on the PAC Services), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. PACMARC and you further agree that Pacmarc 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 these Terms of Service (such as with respect to their validity or enforceability) or the PAC Services (for example, relating to any person’s access to or use of the PAC Services, or the provision of content, products, services, or technology on or through the Service, or the handling of information collected on the PAC Services).
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 New York County, New York.
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 Pacmarc, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability) or the PAC Services (for example, relating to any person’s access to or use of the PAC Services, or the provision of content, products, services, or technology on or through the PAC Services, or the handling of information collected on the PAC Services).
14. How to Contact Us
If you have any questions about this Terms of Service or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
Luis Bonavita 1294 Suite 007
ATTN: Privacy Officer/Legal Dept.