This agreement is in effect as of May 15, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications, and you acknowledge and agree that your continued use of this site after such modifications will constitute your acknowledgment and agreement of the modified terms and conditions.
UNAUTHORIZED ACCESS, REPRODUCTION, COPYING, SAVING, DOWNLOADING, RETRANSMISSION, PUBLICATION, AGGREGATION, CATALOGUING, SALE, DISTRIBUTION OR ANY OTHER FORM OF TRANSFER OR UNAUTHORIZED USE OR EXPLOITATION OF ANY PORTION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY AND ALL CONTENT FOUND ON THE WEBSITE, IS EXPRESSLY PROHIBITED.
This User Agreement contains a binding arbitration clause and class waiver that affects your legal rights when resolving disputes under this Agreement. Please read it carefully. Your use of Antivirus.Best is subject to your agreement to such binding arbitration clause and class waiver.
Responsible Use and Conduct
By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereinafter collectively referred to as the “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account or accounts.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and as a result you may be subject to and incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iiii. Impersonates any person or entity, including any Antivirus.Best employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Antivirus.Best and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right without prejudice to our right to be indemnified as described herein to initiate and direct our own defense through the retention of our own attorneys or take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our Website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements;
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors;
iii) the information obtained by using our Resources will be accurate or reliable; and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that: v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Antivirus.Best or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Antivirus.Best will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Antivirus.Best makes no warranties of any kind with regard to our Website or any of our Websites, their terms and conditions of use or service, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that Antivirus.Best is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such Websites.
Links to Third Party Websites
If you click on a link to a third party website provided on our Website you acknowledge and agree that you are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the coupons, offers and specials provided by the Resources. You agree that Antivirus.Best shall have no liability whatsoever from such third party sites and your usage of them.
All of Antivirus.Best’s content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Antivirus.Best, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Antivirus.Best.
Third Party Copyrights
Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web App, https://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Website will comply with applicable copyright laws. If Antivirus.Best receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access to the Website in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected Website or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Antivirus.Best’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, Antivirus.Best will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Antivirus.Best’s Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
2. Identification of the material on the Website that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Antivirus.Best to locate the material;
3. Information reasonably sufficient to permit Antivirus.Best to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material displayed on the Website is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we recommend that you first seek legal advice from a qualified legal representative.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Antivirus.Best’s Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
6. Your signature, in physical or electronic form. Upon receipt of such counter notification, Antivirus.Best will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Antivirus.Best will replace the removed material or cease disabling access to it in 10 business days. Antivirus.Best will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Antivirus.Best will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or parts of our Website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This Website is controlled by Antivirus.Best. It can be accessed by most countries around the world. By accessing our Website, you agree that the statutes and laws of the United States of America and the state of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
UNLESS OTHERWISE EXPRESSED, ANTIVIRUS.BEST EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANTIVIRUS.BEST AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITES, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THE RESOURCES, OR ANY SITES LINKED TO OR FROM THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITE, OR ANY SITES LINKED TO OR FROM THIS WEBSITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS USER AGREEMENT.
a. Binding Arbitration Except for any exclusions and restrictions set forth below, you and Antivirus.Best agree that any and all disputes, claims or controversies between you and Antivirus.Best arising out of or relating to this User Agreement (including the interpretation, making, performance, breach or termination thereof) or any use of the Resources (“Claims”) shall be resolved by final and binding arbitration under the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) by a single arbitrator appointed by the AAA in accordance with the Rules, or, if the AAA is not available, by such other arbitration association as mutually agreed by the parties. Arbitration proceedings shall take place in Los Angeles County, California, in the English language. Judgment on the award rendered by the arbitrator shall be final and may be entered by any court having jurisdiction over the parties for purposes of enforcement. The arbitrator shall not have authority to award punitive damages. For purposes of this Agreement, “Claims” includes the validity, enforceability or scope of this dispute resolution section (with the exception of the enforceability of the class action waiver provision set forth below) and “Antivirus.Best” means Antivirus.Best and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization.
b. Class Action Waiver
You and Antivirus.Best agree that all Claims will be arbitrated on an individual basis and that there will be no class, consolidated or representative actions in arbitration. There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users or other persons similarly situated. You and Antivirus.Best may not participate in a class or representative action against the other party as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were asserted directly. You and Antivirus.Best agree that this class action waiver is an essential part of the arbitration agreement and that the class action waiver may not be severed from the arbitration agreement. If this class action waiver is found to be unenforceable by any court or arbitrator, then the entire arbitration agreement set forth herein will not apply to any Claim between the parties. If the arbitration agreement is found to be unenforceable by any court or arbitrator, then you and Antivirus.Best agree that any proceedings in court will be conducted on an individual basis and that there will be no class or representative actions.
c. Excluded Claims
You and Antivirus.Best agree that the following will not be subject to arbitration (“Excluded Claims”): (1) any Claim relating to the validity or infringement of any party’s intellectual property right (such as trademarks, trade dress, copyright and patents), (2) any Claim relating to or arising from allegations associated with unauthorized use of or access to the Resources in violation of of this User Agreement; (3) any Claim where you or Antivirus.Best are seeking a preliminary injunction; and (4) any Claim proceeding on an individual (non-class, non-consolidated, non-representative) basis filed in a court that is limited to adjudicating small claims. For the purposes of these Excluded Claims, any action shall be brought in the federal or state courts located in the state of California and the county of Los Angeles. You hereby acknowledge your agreement to the personal jurisdiction of such courts, and that you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event that either party initiates a proceeding involving any Claim (except for any Excluded Claim) other than an arbitration, or initiates a proceeding involving a Claim other than in the forum specified, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this agreement to arbitrate and proceed in the forum to which the parties have herein agreed.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: legal@Antivirus.Best
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