[Last modified: December 27, 2018]

​

These Terms of Use (“Terms”) constitute a legally binding agreement which sets forth the
terms according to which a user (“you” or “user”) may use our (“Company”, “us” or “our”)
search desktop app (“App”).

ACCEPTANCE OF TERMS:

by accessing or using the App you hereby acknowledge that you
have read, understood and agreed to be bound by these Terms and to comply with all
applicable laws and regulations regarding your use of the App. You accept the Terms by
simply using or downloading the App. Specifically, you agree to the install of the Agent (as
defined below) on your device. You further acknowledge that these terms constitute a
binding and enforceable legal contract between you and us which further enforces class
action waiver and arbitration provisions as detailed in the Dispute Resolution Section below.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT DOWNLOAD, ACCESS OR USE THE
APP IN ANY MANNER.

AMENDMENTS
We reserve the right, at our discretion, to revise or update the Terms at any time. Such
changes shall be effective upon publication of the amended Terms. The last revision will be
reflected in the “Last Modified” heading. Your continued use of the App thereafter
constitutes your consent to such changes and you agree to be bound by them. Please make
sure to review our Terms periodically.

ELIGIBILITY AND AGE LIMITATION
You hereby represent and warrant that: (i) you are eligible to enter the Terms and you are
not prohibited by any authorized authority, judicial order or law into entering in any
agreement; (ii) in the event you are acting on behalf of a corporation you have all proper
authorization to enter into these Terms; (iii) you are of appropriate age to enter these
Terms. If you are under 18, please be sure to read the Terms of this App with your parents or
legal guardians.

SCOPE OF SERVICE
Following the installation of the App and acceptance of these Terms the App will make
weather information available to you (“Service”), note that, when you download or use our
App, we may show you advertisements provided by third party partners.
Further, when you install our App, a shared proxy or user-agent component (“Agent”) is
installed on your device which will allow the operation of a network of users browsing the
internet anonymously by redirecting their communication through other user's device which
enable us to provide you with the Services free of charge.

GRANT OF LICENSE AND LIMITATION OF USE
Subject to these Terms, Company grants you a limited, personal, non-assignable and non-
exclusive right to access and use the App for your own personal, non-commercial use solely
as intended through and permitted by the regular functionality of the App. Other than the
rights expressly granted hereunder, no other right is granted.  We reserve any right, title and
interest not expressly granted herein under this license to the fullest extent possible under
applicable laws. You may not use the App if you are not the owner or approved
administrator of the computer upon which the App is installed.

​

RESTRICTIONS OF USE AND USER’S WARRANTIES
You may not: (i) rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way
transfer the Service or use the App for the benefit of any third party in any manner; (ii)
modify, decompile, disassemble, or otherwise reverse-engineer the source code of the App
or Services or attempt to do so for any reason. Further, you may not access, create or
modify the source code of the App or Services in any way. You do not have the right to and
may not create derivative works of the Service; (iii) use the Services for benchmarking
purposes or to develop any software, application, product or service that is the same as,
substantially similar to, or competitive with the Services; (iv) use any robot, spider, other
automated device or any other web-client, device, software, routine or manual process to
monitor or scrape information from the Services; (vi) use the App in any fraudulent or
unlawful manner (including without limitation in violation of any third party's privacy or
proprietary right, or any export control laws) or in any manner that interferes with or
disrupts the integrity or performance of any portion of the App, or engage in any activity
that interferes with, or disrupts the Services, or in a manner which violates any applicable
laws, international laws regulations, industry standards or for any unlawful, harmful,
irresponsible, or inappropriate purpose, or breach of these Terms;

INTELLECTUAL PROPERTY
The App and Services, its design and layout, any text presented during the installation
process which relates to us and/or to the App, including, without limitation, logos, trade and
service marks, products name and any related rights, all whether registered or not, are ours
or our third party partner’s intellectual property. You agree that you shall not remove,
obscure, or alter any proprietary rights notices (including copyright and trademark notices)
which may be affixed or contained within or on the App and its related Services. We reserve
all rights in and to the App which are not expressly granted herein.

CHANGES TO YOUR COMPUTER 
You hereby grant the Company permission to install the App and required collateral
software, as determined by us. You acknowledge that software installation often required
registry changes, as determined by us as well as access to the Internet, which shall be made
at your sole expense. Though we make efforts to protect against abusive or unauthorized
usage of our App, we are not responsible nor liable for any changes made by a third party
without our expressed consent. We reserve the right to install an update notification
software on your device, which may initiate updates from time to time. Installation that was
initiated but was interrupted and/or canceled before completion may result in residual data
or software remaining on your computer which can be removed manually, including a
desktop application to continue installation from interruption.

ADVERTISEMENT
During your use of the App, we may present you with third party advertisements. The sole
responsibility for the content of such advertisements and the content to which they direct,
including regarding appropriateness and information security lies with the applicable third
party.
You understand and agree that: (a) third party advertisements are not owned or controlled
by us and we cannot provide any guarantee with regards to their functionality or features.
We do not warrant, endorse, guarantee or responsible for any third party and any party who
offer products or services through the App, nor do we guarantee or are responsible for the
access to, or viewing of any particular third party advertisements, nor its functionality,
features, accuracy, etc., to the fullest extent of the law; (b) owners or licensors of the third-

party advertisements may change third party advertisements or at any time; and (c) we are
not responsible for and do not monitor or control any third-party advertisements.
You agree that we will not be held responsible or liable for any injury, loss or damage of any
sort incurred as the result of your install, use of or access to any third-party advertisements
on or through the App, and you are solely responsible for your reliance upon any third-party
advertisements made available on or through the App. You acknowledge and agree that
third-party advertisements may be copyrighted material of the third party that submitted or
provided it, is protected by the applicable copyright law, and may not be reproduced, used
to prepare derivative works, distributed, performed publicly or displayed publicly without
the written permission of the third party that supplied it, except as permitted by applicable
law.
 
PRIVACY
We are committed to the protection of privacy of our users, for information about how we
handle and process user data, please review our Privacy Policy.

DISCLAIMERS OF WARRANTIES AND LIMITATION ON LIABILITY
We, nor our subsidiaries, officers, affiliates and its licensors, are not liable for any damages
resulting from your installation or use of the App or any part thereof, including without
limitation damages caused by any form of malware or inappropriate or illegal content,
unforeseeable damages and damages relating to commercial or infringing use, to the fullest
extent possible under applicable law. The Services are provided "AS-IS" and
“AS–AVAILABLE”. You agree that your use of the App and Services is at your own risk. We
disclaim all warranties and representations, whether express or implied in connection with
the App and your use of the Services, to the fullest extent possible under applicable law,
including without limitation, fitness for any particular purpose and promises of specific
results. The App utilizes information from third-party sources for this reason, we cannot
warrant the accuracy of such information, in the event we are misled by such third party.
Therefore, we do not warrant or guarantee, nor be held responsible or liable for, any lack of,
accuracy, correctness, completeness, continuity, reliability, timeliness, error-free, malware-
free and security of App or advertisements. You will be solely responsible for your use of
App and any damages to your electronic communication or computing devices.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR
TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF
USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE
ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF
THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE
UPON, THE APP, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SERVICES,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE. YOU HEREBY WAIVE ANY AND
ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND
LICENSORS ARISING OUT OF YOUR USE OF THE APP OR SERVICES. THIS LIMITATION OF
LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
 
INDEMNIFICATION

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any alleged claim or demand,
including reasonable attorneys’ fees, made by any third party due to or arising out of your
access to or use of the App not in accordance with these Terms.

SUPPORT, UPDATES AND UPGRADES
The availability and functionality of the App depends on various factors, including software,
hardware and communication networks that are provided by third parties. These factors are
not fault-free. The Company does not warrant that the App will operate without disruption,
errors or interruptions, or that it will be accessible, or available at all times or be immune
from errors or unauthorized access. We reserve the right to add additional features to the
App or to provide updates, upgrades or programming fixes; we have no obligation to make
available to you any subsequent versions of the App or any software. Additionally, we shall
have no obligation to provide support or maintenance for the App under these Terms.
However, we may, at our sole discretion, provide limited technical support, upgrades and
updates.

TERMINATION
At any time, you may stop using the App. We reserve the right, at any time, to: (i)
discontinue, terminate, suspend or modify any aspect of the App for you or for all our users,
with or without prior notification; or (ii) terminate these Terms and your use of the App with
or without cause, and shall not be liable to you or any third party for any of the foregoing.
The Company does not assume any responsibility with respect to, or in connection with, the
termination of these Terms.
 
DISPUTE RESOLUTION
For any dispute, you have with us, you agree to first contact us and attempt to resolve the
dispute with us informally. If we were not able to resolve the dispute with you informally,
we each agree by this enforceable Terms, to resolve any claim, and unless otherwise
required by a mandatory law dispute or controversy arising out of or in connection with or
relating to the Terms by binding and exclusively arbitration by the American Arbitration
Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN
ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If you do not agree to this provision, you must send us an applicable notice, include your
name and residence address, and a clear statement that you want to opt out of this
arbitration agreement. This arbitration agreement will survive the termination of these
Terms. These Terms are governed by and construed in accordance with the laws of the State
of New York, without giving effect to any principles of conflicts of law and will specifically
not be governed by the united nations conventions on contracts for the international sale of
goods, if otherwise applicable. For any action at law or in equity relating to the arbitration
provision of these Terms, you agree to resolve any dispute you have with exclusively in a
state or federal court located in New York, Manhattan and to submit to the personal
jurisdiction of the courts located in New York for the purpose of litigating all such disputes.
Any cause of action you might have relating to the App or Services is limited in time to one
(1) year from the arising incident, and will be permanently barred afterwards. Failure of the
Company to enforce any rights or to take action against you in the event of any breach

hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event
of future breaches.
 
GENERAL
These Terms constitute the entire understanding between the parties with respect to the
use of the App, Services or any portion thereof. If any part of these Terms is found void and
unenforceable, it will not affect the validity of the balance of the Terms, which shall remain
valid and enforceable. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms. You may not assign
or otherwise transfer any right or obligation herein. The Company expressly reserves its right
to assign or transfer these terms and to delegate any of its obligations hereunder at its sole
discretion. Headings are for reference purposes only and do not limit the scope or extent of
the relevant section. The Company's failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.

CONTACTING US
If you have any questions about these terms, or wish to report violators of these Terms, contact us at:  info@macextensions.info

​

​