NobleBrowser - Terms Of Use

Terms Of Use

NOBLE TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 6.3) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 6.3 DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

BY INSTALLING THE BROWSER (AS DEFINED BELOW) AND/OR USING OUR PRODUCTS (AS DEFINED BELOW), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED IN THE NOBLE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED IN THE NOBLE PRIVACY POLICY, YOU SHOULD NOT USE THE SITE (INCLUDING TO ACCESS CONTENT) AND YOU SHOULD NOT INSTALL THE BROWSER, OR, IF YOU HAVE INSTALLED THE BROWSER, YOU SHOULD UNINSTALL IT. See "Removal" below in Section 6.1.

SECTION ONE: General Information; Acceptance of Terms

Welcome to the Noble Browser (referred to herein as “Noble,” "we", “us”, or “our”). This agreement is between you and Noble. We look forward to your involvement with Noblebrowser.com (the "Site"). Please take a moment to review these “Terms and Conditions”, which represent an agreement between you (also referred to herein as "user") and Noble. It is important that you understand both the benefits we provide, as well as the terms which apply to your use of our Products.

As with many websites, when you visit the Site or use our Products, it uses cookies and other monitoring technologies which allow us to customize and enhance your experience on the Site and with our Products as well as make your visits to the Site and use of Products more convenient and fun. You have a right to understand the way we collect and use information about your access to and use of the Site. This information is set forth in the Noble Privacy Policy. You should read our Privacy Policy before using the Site or installing the Browser (as defined below). If you ever uninstall the Browser, no Browser assets will remain on your computer, but cookies from the Site must be deleted manually within each browser (for instructions in each browser, click here for Firefox; here for Chrome; click here for Safari; and here for Internet Explorer). However, to be clear, the Privacy Policy also applies to your access to and use of the Site whether or not you elect to install the Browser (as defined below).

You can download and install the Browser via the Site. The Browser includes a Noble browser application (“App”, and collectively with the Site and Browser, “Products”), which gives us permission to display new tabs, push notifications and/or lightbox advertisements based on the web content you view. Our Products do not knowingly collect any personally identifiable information. In addition, our Products may display advertisements from third parties and/or contain links to other websites owned and operated by third parties. All third-party materials, links and advertisements accessible via our Products shall collectively be known as “Third Party Content”. In addition, Noble shall donate a portion of its revenue derived from Third Party Content to a nonprofit charity organization selected by us (see Section 5 below for more details).

We use Third Party Content to support Noble. If you interact with a link provided via Third Party Content and participate in such third parties’ promotions, purchase of goods, or interact with the third parties and their Third Party Content in any other way, you will be interacting with the third party and not Noble. Therefore, you acknowledge and agree that we and our Related Companies (as defined below) are not responsible or liable for the availability of, nor do we or our Related Companies endorse the products or other materials of the Third Party Content. You further acknowledge and agree that we and our Related Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third Party Content. Finally, you acknowledge that if you access the Third Party Content, their terms and conditions and privacy policies apply to your rights and obligations with respect to such access. Accordingly, such third parties may collect personal or non-personal information about you. If you would like to permanently stop receiving all Third Party Content, please uninstall the Browser and do not use the Site. The directions for uninstalling the Browser are set forth below in Section 6.1, entitled "Removal."

PLEASE KNOW THAT WE MAY AMEND THESE TERMS AND CONDITIONS AND THE TERMS OF OUR PRIVACY POLICY FROM TIME TO TIME. ALL AMENDMENTS WILL BE POSTED ON THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND OTHER PLACES WE DEEM APPROPRIATE. IF YOU CONTINUE TO USE OR ACCESS OUR PRODUCTS AFTER AN AMENDMENT IS POSTED, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY EACH TIME YOU USE OR ACCESS OUR PRODUCTS TO DETERMINE IF THEY HAVE BEEN UPDATED. YOU CAN TELL WHEN THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY HAVE BEEN LAST UPDATED BY CHECKING THE DATE AT THE BOTTOM. WE ENCOURAGE YOU TO KEEP A PRINTED COPY OF THE CURRENT TERMS AND CONDITIONS AND PRIVACY POLICY FOR YOUR REVIEW AND REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY, YOU MUST NOT USE OR ACCESS OUR PRODUCTS.

SECTION TWO: Specific Conditions and Obligations

2.1 Eligibility. To use our Products, you must be a natural person and at least 18 years old. If you are located in any jurisdiction which imposes additional restrictions on eligibility, you are bound by those restrictions as well.

2.2 Acknowledgment of Proprietary Rights. By using our Products, you acknowledge that all information, content and materials contained in our Products (in any form or media, the "Product Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by us, our content suppliers or licensors, or by other individuals whose content has been placed for informational use on the Site. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Product Materials.

The trademarks, logos, and service marks (whether or not registered, collectively the "Trademarks") displayed on or through our Products are Trademarks of Noble and/or third parties. You have no right to use the Trademarks in any way and nothing contained within our Products should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark.

You are hereby advised that Noble is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. Noble will also reasonably cooperate with any third party alleging that any Product Material is infringing such party's intellectual property rights and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.

2.3 Submissions and Transmissions. Any communication or material you transmit to us or through the Products by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, including any emails sent to us at . Anything you transmit may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.

2.4 Upgrades. Noble reserves the right to add at any time additional features or functions to, or release new versions of our Products (any such new features, functions or versions, are referred to as "Upgrades"). For instance, the Upgrades may help us better administer our Products and improve your Product experience. We may automatically make an Upgrade available without notice to you. In addition, the Upgrades may cause our Products to revert to the default settings of the current version of the Product. Unless we provide you with express notice to the contrary, an Upgrade will not delete or modify any data that would not have been deleted or modified if you had installed the then current version of the Product instead of having the Upgrade installed. Finally, although Noble may make Upgrades available to you, you understand and acknowledge that we have no obligation to do so.

SECTION THREE: Limitation on Liability; Indemnification

3.1 General Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOBLE, ITS PRINCIPALS, employees, CONSULTANTS, officers, directors, members, agents, subsidiaries, OR affiliates, or its parent company and its PRINCIPALS, PARENT COMPANY, employees, officers, CONSULTANTS, directors, members, agents, subsidiaries, OR affiliates (collectively “related companies”) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT OR OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE OUR PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR BROWSER AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

3.2 No Warranty. YOU EXPRESSLY AGREE THAT THE USE OF OUR PRODUCTS ARE AT YOUR OWN RISK. OUR PRODUCTS ARE PROVIDED ON AN “AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT AND FREEDOM FROM VIRUSES, AND ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BUT TO BE CLEAR, NOBLE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE PRODUCT MATERIALS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

3.3 Damage Caused by Third Parties. You agree that Noble and its Related Companies are not responsible for, and Noble and its Related Companies expressly disclaim any liability for, any damage, loss, or injury you may incur as a result of actions taken by other parties who access or use the Products or Product Materials, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Products.

3.4 Indemnification. By using our Products, you hereby agree to indemnify, defend, and hold Noble and its Related Companies harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by all or any such parties in connection with any claim arising out of any breach by you of these Terms and Conditions.

3.5 Changes to Site and Browser. You understand that Noble reserves the right to change the content of our Products at any time, including adding, deleting or modifying the Donations (as defined below) and you agree that Noble and its Related Companies shall have no liability to you or anyone claiming through you as a result of implementing changes.

SECTION FOUR: Hacking, Tampering, or Unauthorized Access or Use

You agreed that you shall not and shall not attempt to:

gain unauthorized access to our Products’ systems,
interfere with the procedures or performance of the Products,
deliberately damage or undermine the Products,
access content on or within our Products by means of automatic, macro, programmed, or similar methods, or
commit fraud with regard to the Products.

Your violation of any of the terms of this Section Four may result in your civil and/or criminal prosecution.

SECTION FIVE: Donations

5.1 Donations. Noble shall make a payment towards a nonprofit charity organization of its choice (“Cause(s)”) based on ten percent (10%) of advertising revenue you generate and we actually earn each quarter from your interactions with Third Party Content (“Donation”). Donations to Causes may be made within ninety (90) days of the end of each fiscal quarter. The estimated Donation amount will be provided on the Site and within the Browser in U.S. Dollars.

5.2 Causes. Noble reserves all rights to choose the Causes to which it may make Donations. Noble reserves the right to remove a Cause from the Site or discontinue all Donations to a Cause at any time and without reason. In addition, if at any time the administration of a Cause request that Noble remove the Cause from the Site or discontinue all Donations to said Cause, Noble shall comply within thirty (30) days of receiving a written request from a verifiable member of the Cause’s administration. In such events, Noble will select another Cause to which it may make Donations. By listing a Cause on its Site or making Donations to a Cause, Noble does not necessarily imply a formal relationship with that Cause. Noble is not operated by any members of administrations from the Causes listed on the Site.

5.3 Revenue from Third Party Content. In the event that Noble does not receive payments from the providers of Third Party Content for any reason, Noble is not responsible for making any Donations and reserves the right to modify the displayed dollar amounts on the Site accordingly. All funds generated by the Third Party Content are considered the wholly-owned revenue of Noble and all Donations to Causes are considered payments directly from Noble to the Causes. You do not have a legal claim to redeem these funds from Noble, nor any legal claim to exert control over these funds in any way. You may not deduct from your personal taxes any Donation amounts raised herein.

SECTION SIX: Miscellaneous Provisions

6.1 Removal. If you do not agree to accept and comply with any provision of these Terms and Conditions, or any amendment made by Noble to these Terms and Conditions, you must immediately terminate your use of the Site. If you have installed the Browser, you must immediately uninstall the Browser. You may uninstall the Browser by going to the Uninstall page and following the directions to remove the Browser from your computer. Note that you will no longer be able to generate advertising revenue to donate to Cause(s) once you uninstall the Browser.

6.2. Digital Millennium Copyright Act. If you are aware of or believe there is any infringing content or other material on or within our Products, please notify us. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. For more information, please visit our Copyright Policy.

6.3 Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address . If, however, there is an issue that needs to be resolved, this Section 6.3 describes how both of us will proceed.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH NOBLE AND ITS RELATED COMPANIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any claim or dispute between you and Noble or its Related Companies arising out of or relating in any way to the Products (including Product Materials), these Terms and Conditions, marketing by Noble or Third Party Content, including claims that arise after the termination of these Terms and Conditions, shall be resolved through final, binding arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory.

We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms and Conditions specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

A party who intends to proceed with a claim or dispute must first send to the other a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to Noble shall be sent via email to . Noble will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty (30) day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty (30) day cure period, you or Noble may commence an arbitration proceeding if the claim has not been fully satisfied.

The arbitration of any claim or dispute under these Terms and Conditions shall be conducted by one arbitrator exclusively in Orange County, California, and state or federal courts located in Orange County, California shall have exclusive jurisdiction and venue over any appeals of or motions regarding an arbitration award. The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.

If any aspect or portion of this Section 6.3 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 6.3 remaining in full force and effect.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED ANY OF OUR PRODUCTS BY SENDING AN EMAIL TO . FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED ANY OF OUR PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

6.4 Jurisdiction and Venue. You and Noble agree that, as provided in Section 6.3, disputes shall be resolved by binding arbitration. You and Noble also agree that if you or Noble should nonetheless file a lawsuit against the other or Noble’s Related Companies, and regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 6.3, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Orange County, California, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.

6.5 Choice of Law. These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

6.6 Entire Agreement. These Terms and Conditions, in connection with the other user obligations and rules detailed in writing on the Site, constitute the entire agreement between you and Noble with respect to your use and access to our Products, and can only be modified by Noble as set forth above with respect to Amendments.

6.7 Severability. If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

To contact Noble, please email us at .

Updated: June 9, 2020