IMPORTANT: READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF SOFTWARE, CERTAIN SERVICES PROVIDED BY AVG AND AVG COLLECTION AND USE OF CERTAIN PERSONALLY IDENTIFIABLE INFORMATION. BY CLICKING THE “ACCEPT”, “ACTIVATE” OR SIMILAR OPTION OR INSTALLING OR USING THE ACCOMPANYING SOFTWARE PRODUCT, YOU (ON BEHALF OF YOURSELF AND/OR THE COMPANY OR LEGAL ENTITY ON WHOSE DEVICE THE SOFTWARE IS INSTALLED):
YOU MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND, IN ANY EVENT, OF A LEGAL AGE TO FORM A BINDING CONTRACT. FOR INDIVIDUALS WHO ARE UNDER AGE 18, A PARENT OR LEGAL GUARDIAN MUST ACCEPT THIS AGREEMENT ON YOUR BEHALF AND MUST PROVIDE PERMISSION TO YOU TO USE THE SOFTWARE OR THE SERVICES. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE OR SERVICES. IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT.
If you do not wish to agree to these terms or use the Software, please click “DECLINE” or “CANCEL” or “BACK” or any similar option. If applicable, you may obtain a refund of the purchase price as follows:
AVG may change this Agreement at any time and may notify you about such change. You may be required to read and accept such changes of this Agreement to continue to use the Software. You are not required to accept these terms or any change or update of these terms but, unless and until you do, you will not be authorized to use the Software or the Services and the Software may not install or activate. Your continuing use of the Software constitutes your acceptance of any such change to this Agreement.
NOTICE: THE SOFTWARE MAY CONTAIN A “TIME OUT” FEATURE THAT WILL RENDER THE SOFTWARE INOPERATIVE AT THE END OF THE TERM (AS DEFINED BELOW).
(i). AVG may include the AVG Do Not Track Feature within the Software. The Feature allows you to identify websites that are tracking your online activities. In addition, you may elect whether you want to block such tracking activities or not, according to your privacy preferences. AVG shall not be responsible for the results of any changes to the settings of the Feature performed by you. You expressly agree that by default the Feature blocks certain websites from tracking your activities on the Internet. Should you object to such blocking, please change your preferences at any time via the Feature icon in your Internet browser. You expressly agree that some content of third party websites on the Internet may not be visible to you, if you keep the default setting of the Feature activated, or if you change your default settings to block all tracking activities. You expressly agree that not all tracking may be identified.
(ii). You agree that the Feature will only be functional in the following Internet browsers: Microsoft Internet Explorer, Mozilla Firefox and Google Chrome. In iOS and MAC OSX the feature will only be functional in the following Internet browsers: AVG Family Safety browser and AVG Safe browser.
(iii). You agree that the Feature may inform any tracking websites or website elements about your wish to block their activities. No further information is transmitted in such communication.
You hereby agree that Software and the Services may contain links to certain Third Party Materials for which AVG is not responsible. You further agree and confirm that you have reviewed and accepted the Third Party Terms and Conditions, specific to the applicable Third Party Materials. AVG disclaims any liability or warranty in relation to any Third Party Materials and Third Party Terms and Conditions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVG OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) INCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOFTWARE INCLUDING THE SOFTWARE, COSTS OF PROCURING SUBTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE AND/OR SERVICES PROVIDED HEREUNDER, EVEN IF AVG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVG WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSS OF DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEMS REGARDLESS OF THE CAUSE. IN NO EVENT SHALL AVG LIABILITY RELATED TO THE SOFTWARE AND/OR SERVICES EXCEED THE LESSER OF (I) THE FEES YOU ACTUALLY PAID FOR THE SOFTWARE AND/OR SERVICES, AND (II) THE AVG SUGGESTED RETAIL PRICE FOR THE SOFTWARE AND/OR SERVICES AS OF THE DATE YOU RECEIVED IT (OR, WITH RESPECT TO FREE SOFTWARE OR SERVICES, US$5.00). THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless AVG, its Affiliates and their respective directors, officers, employees and agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Software or Services or any violation of this Agreement by you, including but not limited to any breach or alleged breach of any of your representations, warranties, obligations or undertakings hereunder. AVG reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with AVG in asserting any available defenses.
The information AVG and the Software and/or Services collect from your Device is utilized in product and security improvement, to transmit messages to your Device or to generate e-mail marketing. You may opt-out of e-mail marketing at any time by clicking the relevant link in the e-mail message or contact customer support at www.avg.com/support.
By accepting this Agreement you agree that the Software may during its installation disable the Windows firewall functionality and replace it with firewall functionality provided with the Software. Once you uninstall the Software, you will be prompted to activate the Windows firewall functionality. AVG strongly advises you to activate the Windows firewall functionality once the Software has been uninstalled.
By accepting this Agreement you understand and agree that AVG may perform an audit to determine whether your use of the Software complies with the terms of this Agreement. Such audit may be carried out either through the Internet, or on site, as AVG deems necessary. Should the audit reveal that you are in breach of this Agreement, AVG, in addition to such other rights that may be available at law, equity or otherwise, shall be entitled to exercise its rights under clauses 3 and 8 of this Agreement.
This Binding Arbitration Agreement and Class Action Waiver applies to any dispute arising from or related to the Software involving you and AVG and/or its Affiliates. Dispute, for purposes of this provision, means any dispute, action, or other controversy regardless of the particular cause of action(s) asserted (i.e., it encompasses, among any other potential cause of action or legal basis, claims for breach of contract, fraud, and violation of statute or regulation). Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you must provide AVG with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by email to AVG at firstname.lastname@example.org (stating Subject: Section 12.13 Notice of Dispute Under EULA).
If you or AVG do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration will be conducted by the American Arbitration Association (the "AAA") and will be subject to AAA's "Supplementary Procedures for Consumer Related Disputes" Effective September 15, 2005, and the associated "Costs of Arbitration (Including AAA Administrative Fees)" Effective March 1, 2013 (collectively, the "Consumer Procedures").You agree that those Consumer Procedures are appropriately applied to any Dispute, and you agree not to advocate otherwise in any proceeding. You agree to commence arbitration only in the county in which you reside. Such arbitration will be governed by the laws of the State of Delaware. AVG will pay the consumer cost specified in section (i) of "Costs of Arbitration (Including AAA Administrative Fees)" Effective March 1, 2013. AVG does not agree to bear any other consumer cost.
If this provision is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this provision will not apply to those parts. Instead, and only in that circumstance, those parts will be severed and will proceed in a court of law, subject to all other provisions of this agreement, in which case the governing law and exclusive jurisdiction for any such court proceeding shall be the state or federal courts sitting in the State of Delaware. For purposes of any such court proceeding, you consent to, and agree not to challenge, those courts' personal jurisdiction over you, and further waive objection based upon improper venue or forum non conveniens or to seek transfer to another district or jurisdiction. In any such court proceeding the Dispute shall be subject to Section 12.6 herein.