Terms of Use
IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DESCRIBED IN MORE DETAIL IN SECTION 8 BELOW. PLEASE REVIEW THE SECTION CAREFULLY SINCE IT AFFECTS YOUR LEGAL RIGHTS.
Under this End User License Agreement (the "Agreement"), OnlineBestNews ("OnlineBestNews", "we" or "us" or “our”) grants you, as the end user, a limited license to install and use our applications software (the "Software") and visit OnlineBestNews Website (the “Site”). The Site and Software are also governed by the Privacy Policy, which covers OnlineBestNews’s collection and use of your information. Our Privacy Policy is available on the Site. You understand that our Software and Site are intended for use by users at least 18 years old. By installing the Software and visiting the Site, you represent and warrant that you are at least 18 years old and that you will comply with our rules below as well as any applicable laws.
SECTION 1: CHANGES TO THIS AGREEMENT
OnlineBestNews may change this Agreement at any time in its sole discretion. You can see when the Agreement was last changed by seeing the date on the bottom of this page. By continuing to use the Site and Software after a change has been made, you accept the Agreement as modified. If you do not wish to agree to any changes to this Agreement, you must uninstall the Software and stop using and accessing the Site.
SECTION 2: OUR SOFTWARE AND SERVICES
The Software provides you with free access to simple utilities and features that allow you to track pages, convert currency, calculate mortgages, and access other useful and valuable resources on the Site. In exchange for access to such content, we are supported by promotions owned by third parties (“Third-Party Promotions”). If you would like to stop receiving Third-Party Promotions, please uninstall the Software, as detailed on the Uninstall instructions on our Site.
The Software may download automatic upgrades, including new features or functionalities, or install fixes without notifying you first. Additionally, all material on the Site and Software may automatically be updated, modified, enabled or disabled at any time without notifying you first. If you do not agree to any upgrades or fixes made by our Software, you must stop accessing our Site and must uninstall the Software.
OnlineBestNews is not affiliated with, nor are we responsible for, any Third-Party Promotions you may encounter while accessing our Site or using the Software. When you click on a Third-Party Promotion or otherwise interact with any Third-Party Promotions, you are dealing with the third-party owner of such material, not with OnlineBestNews. Any interaction you have with such Third-Party Promotions is at your own risk. These interactions are governed by the third parties’ terms of use, privacy policies, and any other applicable agreements. If you would like to stop receiving Third-Party Promotions, please uninstall the Software.
SECTION 3: LICENSE AND RESTRICTIONS
OnlineBestNews grants you a limited, revocable, non-transferable, non-sublicensable license to use the Site and install the Software only for your non-commercial, personal use. OnlineBestNews reserves the right to terminate this license should you violate this Agreement. OnlineBestNews owns and retains all right, title and interest in and to the Site and Software, including any copyrights, trademarks, and other intellectual property rights. Except as expressly set forth herein, you agree that you shall not copy, reproduce, modify, download, upload, retransmit, reverse engineer, publicly display, sell, or otherwise exploit the Software or any portion thereof.
Furthermore, in connection with your use of the Site and/or Software, you agree that you shall not:
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Violate this Agreement or any applicable laws.
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Use the Site and/or Software in a manner that violates any third-party rights, including any intellectual property rights such as copyrights, trademarks, or other proprietary rights.
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Use the Site and/or Software in a manner that violates any third-party agreements to which you are subject, including the terms of use, privacy policies, and applicable agreements of any third-party owners of the Third-Party Promotions.
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Use the Site and/or Software for competitive purposes.
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Take any action that would damage the Site and/or Software, including by introducing any viruses or malicious codes into the Site and/or Software or interfere with or disable any features or functionalities available on our Site and/or Software.
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Use the Site and/or Software for commercial purposes.
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Gain unauthorized access to OnlineBestNews’s servers or networks.
SECTION 4: DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
OnlineBestNews believes in the protection of intellectual property rights, including the rights of third parties. As such, if you contribute any content to our Site or Software, you may not contribute any material that infringes another person’s or entity’s copyright rights. Although OnlineBestNews is unable to monitor every piece of material submitted to our Site and Software, we take copyright infringement very seriously and will respond to complaints submitted to us by copyright holders or their agents under the DMCA. Thus, if you believe there is any content on the Site or Software that allegedly infringes on your copyright or that of a person or entity who you are representing, please contact us at , and we will respond promptly to address the situation.
SECTION 5: HOW TO UNINSTALL
If you do not agree with this Agreement or our Privacy Policy, want to stop receiving Third-Party Promotions, or would like to stop accessing our services for any reason, you may uninstall our Software. We have provided instructions for uninstallation on the Uninstall page on our Site. If you continue having trouble after attempting the steps in our instructions, please contact us at .
SECTION 6: DISCLAIMER AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SOFTWARE IS AT YOUR SOLE RISK. ONLINEBESTNEWS PROVIDES THE SITE AND SOFTWARE "AS-IS” AND WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES CAUSED BY YOUR USE OF THE SITE AND/OR SOFTWARE. ONLINEBESTNEWS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE AND SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ADDITIONALLY, ONLINEBESTNEWS MAKES NO WARRANTIES OR REPRESENTATIONS, NOR DOES IT GUARANTEE, THAT (A) THE SITE OR SOFTWARE WILL BE SECURE, ERROR FREE OR UNINTERRUPTED, (B) THE SITE AND SOFTWARE ARE FREE OF ANY VIRUSES, WORMS, MALICIOUS SOFTWARE OR OTHER HARMFUL COMPONENTS, (C) ANY ERRORS OR DEFECTS ON THE SITE OR SOFTWARE WILL BE CORRECTED, OR (D) ANY CONTENT, MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE AND SOFTWARE WILL BE ACCURATE OR RELIABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONLINEBESTNEWS OR ITS PARENTS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (REFERRED TO COLLECTIVELY, THE "ONLINEBESTNEWS PARTIES"), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN RELATION WITH YOUR USE OR ACCESS OF THE SOFTWARE AND THE SITE, OR FROM ANY CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SOFTWARE AND SITE, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (EVEN IF ONLINEBESTNEWS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSSES OR DAMAGES CAUSED BY YOUR USE OR ACCESS OF THE SOFTWARE OR SITE, OR (C) ANY LOSSES OR DAMAGES CAUSED BY OR ASSOCIATED WITH THE UNAUTHORIZED ACCESS OR USE OF ONLINEBESTNEWS’S SERVERS, SITE, SOFTWARE OR EQUIPMENT, OR ANY VIRUSES OR OTHER HARMFUL OR MALICIOUS PROGRAMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE SOFTWARE OR SITE.
ONLINEBESTNEWS’S AND ONLINEBESTNEWS PARTIES’ TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT OR BASED ON YOUR USE OF THE SOFTWARE OR SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ONLINEBESTNEWS TO USE THE SOFTWARE OR SITE.
SECTION 7: NOTIFICATION OF DISPUTE
By using the Software and/or Site, you agree to final, binding arbitration of all claims. OnlineBestNews believes that most issues and user concerns can be resolved in good faith before legal proceedings. As such, in the event you have an issue or concern with OnlineBestNews, the Software, or the Site, you agree to first send an email notice to detailing your claim and requested relief. If OnlineBestNews is unable to resolve your dispute within sixty (60) days of receipt of your notice, you may proceed to initiate the arbitration proceeding or any other proceedings authorized herein.
SECTION 8: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
To the extent you have any claim, controversy or dispute with OnlineBestNews arising out of or relating to this Agreement based on your use of the Site or Software, such claim, controversy, or dispute shall be resolved by final, binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules"). If there is no hearing requested, the parties will submit their arguments and evidence directly to the arbitrator in writing and the arbitrator will then make an award based solely on the documents that were provided, known as a Desk Arbitration. If a hearing is requested in writing by either party within ten (10) days after AAA acknowledges receipt of the demand for arbitration, or if it is the arbitrator requests a hearing, the parties shall participate in a telephone hearing. The parties agree that in no event shall either party be required to travel to participate in the arbitration. This section is subject to the Federal Arbitration Act. Either party may enforce this section in any court of competent jurisdiction.
If there are any challenges to the arbitrability of a claim, this shall be determined by the arbitrator. The arbitral award shall be enforceable judicially and any court of competent jurisdiction may enter judgment on the arbitral award.
Notwithstanding anything to the contrary in the Rules, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and OnlineBestNews waive the right to bring any claim related to this Agreement on a class-wide basis or participate in a representative capacity in a class action brought by anyone else. Notwithstanding anything to the contrary in the Rules, the arbitrator shall not have the authority to hear the arbitration on a class-wide basis or otherwise combine your claim with those of different persons into a single proceeding.
If a class action is initiated notwithstanding the above restriction, and it is finally determined by the arbitrator or a court of competent jurisdiction that the class action waiver herein is not enforceable, then the proceedings shall be bifurcated as follows, notwithstanding anything to the contrary in the Rules. The issue of arbitrability shall be determined by the arbitrator under applicable rules and law. To the extent the arbitrator concludes that the arbitration may proceed, the arbitration shall be stayed, and the issue of class certification shall be decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification issues. The decision to certify or not certify a class action shall be appealable in the judicial proceedings consistent with applicable rules and laws. Once any issues regarding class certification have been finally decided by the court, the arbitrator will then have the authority to decide the substantive claims on an individual or a class-wide basis, as may be determined and directed by the court.
SECTION 9: OPTING OUT OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Should you choose to opt out and exclude yourself from final, binding arbitration and the class action waiver specified in Section 8, you must send a written notice by email to within 15 days of installing the Software or visiting the Site. The notice must include: (i) your full name, (ii) your email address, and (iii) a request to be excluded from final, binding arbitration and/or the class action waiver. All other portions of this Agreement shall continue to be in full force and effect, including the requirement to send a notification of dispute under Section 7. OnlineBestNews must receive your notice within 15 days of your installing the Software or visiting the Site in order for the notice to be effective.
SECTION 10: GOVERNING LAW
This Agreement shall be governed by the laws of the state of California, without respect to its choice of law rules. Any claim or dispute relating to your use of the Site or Software shall also be governed under California state law and any controversies or disputes you bring under Section 8 shall be brought in the courts of the state of California.
SECTION 11: INDEMNIFICATION
You agree to indemnify, defend and hold harmless OnlineBestNews and OnlineBestNews Parties from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Site and/or Software; and (b) any actions or omissions by you that violate the terms of this Agreement or any third-party rights.
SECTION 12: MISCELLANEOUS
This Agreement shall prevail over any previous agreement between you and OnlineBestNews and shall constitute the entire agreement between you and OnlineBestNews concerning the Site and Software. If any portion of this Agreement is found to be void, unlawful, or unenforceable, that portion shall be severed from this Agreement and the remaining portions shall continue in full force and effect. Any failure by OnlineBestNews to enforce or exercise any right or portion of this Agreement will not operate as a waiver of such right or portion.
SECTION 13: CONTACT US
If you have any questions, issues, or concerns about the Software, Site, or this Agreement, please contact us at .
Last Updated: 1/19/2022