THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION CLAUSE, WHICH MEANS THAT YOU AGREE TO RESOLVE ANY CLAIM (AS DEFINED IN SECTION 5.3) THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN LITIGATION IN COURT. SHOULD YOU WISH TO OPT-OUT OF THIS ARBITRATION CLAUSE, SECTION 5.3 OUTLINES THE STEPS YOU MUST TAKE. THIS CLAUSE ALSO CONTAINS A CLASS ACTION WAIVER, MEANING THAT YOU AGREE TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS AND NOT AS PART OF A GROUP ACTION.
BY INSTALLING THE SOFTWARE (AS DEFINED BELOW) OR ACCESSING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, INCLUDING OUR USE OF YOUR INFORMATION AS DESCRIBED IN THE whatisnearme.net PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, INCLUDING THE PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR DOWNLOAD THE SOFTWARE. IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, PLEASE UNINSTALL IT. (Refer to Section 5.1, "Removal" below.)
SECTION ONE - GENERAL INFORMATION; ACCEPTANCE OF TERMS
Welcome to whatisnearme.net (also referred to as "we," "us," or "our"). This agreement is entered into between you and whatisnearme.net. We appreciate your interest in our Site and ask that you carefully review these Terms and Conditions, which outline both the benefits we offer and the rules that govern your use of the Site. Our aim is to maintain a welcoming and equitable environment for all users.
Like many online platforms, our Site employs cookies and similar technologies to personalize and improve your experience, making your visits smoother and more enjoyable. You have the right to know how we collect and use data regarding your access and interaction with the Site. Details regarding this collection are explained in the whatisnearme.net Privacy Policy. We recommend reading the Privacy Policy before using the Site or downloading the whatisnearme.net Software. Please note that if you uninstall the Software, no software assets remain on your device; however, cookies associated with the Site and Software must be removed manually in each browser (instructions are provided for Firefox, Chrome, Safari, and Internet Explorer via the respective links).
"Content" refers to the information and guidance provided for converting file and video media available free of charge on our Site. You can download and install the whatisnearme.net Software—or its add-ons/extensions—from various sources, including social media. The Software is designed to display various types of advertisements (such as text links, lightboxes, new tabs, pop-unders, videos, or banners) on your device based on the web pages you view. The Software does not intentionally collect any personally identifiable information. In addition, the Site, Content, and Software might feature advertisements from third parties or contain links to third-party websites. All such external applications, links, and advertisements are collectively referred to as “Third Party Content”.
Third Party Content is integrated solely to support whatisnearme.net. Your interactions with Third Party Content—including participation in promotions, purchases, or other engagements—are strictly between you and the third party. By accessing Third Party Content, you agree that neither we nor our Related Companies (as defined below) are responsible for the availability or quality of such content, nor do we endorse the products or materials offered. In addition, you agree that any reliance on Third Party Content is solely at your risk, and that the third party’s own terms and privacy policies will apply. Should you wish to completely stop receiving Third Party Content, please uninstall the Software, following the instructions in Section 5.1, "Removal."
PLEASE NOTE THAT WE MAY UPDATE THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY FROM TIME TO TIME. ANY CHANGES WILL BE POSTED ON THIS PAGE, THE PRIVACY POLICY, OR OTHER NOTICEABLE AREAS ON THE SITE. CONTINUED USE OF THE SITE OR THE SOFTWARE AFTER SUCH UPDATES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. WE RECOMMEND THAT YOU REVIEW THESE DOCUMENTS REGULARLY. IF YOU DO NOT AGREE WITH THE UPDATED TERMS AND CONDITIONS OR PRIVACY POLICY, YOU MUST CEASE USING THE SITE AND UNINSTALL THE SOFTWARE.
SECTION TWO - SPECIFIC CONDITIONS AND OBLIGATIONS
2.1 Eligibility. To use or download the Software, access the Site, or view its Content, you must be a natural person and at least 18 years old. If additional local eligibility requirements exist in your jurisdiction, those restrictions will also apply.
2.2 Acknowledgment of Proprietary Rights.
By accessing the Site, its Content, or using the Software, you acknowledge that all materials provided (collectively, the "Site Materials") may be protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by us, our licensors, or third parties. Except for materials in the public domain, you are not permitted to modify, distribute, create derivative works from, or otherwise exploit any of the Site Materials.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the property of whatisnearme.net and/or other parties. Nothing on the Site grants you any license or right to use these Trademarks without the express written permission of the rightful owner.
Please be advised that whatisnearme.net is committed to enforcing its intellectual property rights to the fullest extent allowed by law. We will cooperate with any third party that alleges infringement by any materials on the Site and take all reasonable measures to address such claims.
2.3 Submissions and Transmissions. Any communication or material you send to the Site—whether by email or other means, including comments, suggestions, or data—is considered non-confidential and non-proprietary. By using the Site’s Contact Us feature, you agree that we may use any ideas, concepts, or techniques you transmit for any purpose, including development, manufacturing, or marketing of products, without any obligation to compensate you.
2.4 Upgrades. whatisnearme.net reserves the right to add new features, functions, or release updated versions of the Software ("Upgrades") at any time without prior notice. Upgrades may help us improve your experience or administer the Site and Software more effectively. While an Upgrade might restore default settings of the current version, it will not remove or alter data any more than a standard version update would. Please note that we are not obligated to provide Upgrades.
SECTION THREE - LIMITATION ON LIABILITY; INDEMNIFICATION
3.1 General Disclaimer. TO THE EXTENT PERMITTED BY LAW, whatisnearme.net, INCLUDING ITS OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY, "RELATED COMPANIES"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, ITS CONTENT, OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM SYSTEM FAILURES, VIRUS TRANSMISSION, PERFORMANCE ISSUES, OR SECURITY BREACHES.
3.2 No Warranty.
YOU AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SITE, CONTENT, AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR FREEDOM FROM VIRUSES. TO THE FULLEST EXTENT PERMITTED, whatisnearme.net DOES NOT WARRANT THAT THE SITE MATERIALS WILL NOT VIOLATE THIRD PARTY RIGHTS. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY IN FULL.
3.3 Damage Caused by Third Parties. You acknowledge that whatisnearme.net and its Related Companies are not liable for any damage, loss, or injury incurred due to actions by third parties—such as hacking, tampering, fraud, or malware distribution—related to your use of the Software, Content, or Site Materials.
3.4 Indemnification. By using the Site or Software, you agree to indemnify and hold harmless whatisnearme.net and its Related Companies from any losses, damages, liabilities, or expenses (including legal fees) arising from any breach of these Terms and Conditions by you.
3.5 Changes to Site and Software. You acknowledge that whatisnearme.net may modify the content of the Site and Software—including adding, deleting, or altering Content—at any time, and you agree that neither whatisnearme.net nor its Related Companies will be held liable for any such changes.
SECTION FOUR - HACKING, TAMPERING, OR UNAUTHORIZED ACCESS OR USE
You agree that you will not, nor attempt to:
Violating any of the provisions in this Section may subject you to civil and/or criminal liability.
SECTION FIVE - MISCELLANEOUS PROVISIONS
5.1 Removal. If you disagree with any provision of these Terms and Conditions or any amendments made by whatisnearme.net, you must immediately stop using the Site (including access to any Content). If you have downloaded the Software, you are required to uninstall it immediately by following the instructions provided on the Uninstall page.
5.2. Digital Millennium Copyright Act. If you suspect that any material on the Site infringes on intellectual property rights, please notify us. We comply with the Digital Millennium Copyright Act and other relevant laws, which may require us to remove or disable access to allegedly infringing material. For further details, please visit our Copyright Policy.
5.3 Dispute Resolution by Binding Arbitration. While many issues can be resolved quickly by contacting us via the email address below or through the Contact Us page, if a dispute does arise, this Section 5.3 explains the process we will follow.
PLEASE READ THE FOLLOWING CAREFULLY, AS IT REQUIRES THAT ANY DISPUTES BETWEEN YOU AND whatisnearme.net OR ITS RELATED COMPANIES BE RESOLVED THROUGH FINAL, BINDING ARBITRATION. THIS PROVISION LIMITS YOUR RIGHT TO SUE IN COURT OR TO HAVE A JURY TRIAL. THE OBLIGATION TO ARBITRATE APPLIES REGARDLESS OF WHETHER THE DISPUTE INVOLVES TORT, FRAUD, BREACH OF CONTRACT, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.
You agree that any claims against each party will be pursued only on an individual basis, not as a class or representative action. All arbitrations will be conducted individually, and the arbitrator will not have the authority to grant any form of class-wide or collective relief. You further agree not to join or initiate any arbitration on behalf of other individuals.
If you intend to bring a claim, you must first send a written Notice of Dispute to the other party, describing the nature of the claim and the specific remedy sought. All notices to whatisnearme.net should be emailed to support@whatisnearme.net. Upon receipt, the other party will have 30 days to address and resolve the issue. If the dispute remains unresolved after this period, either you or whatisnearme.net may initiate arbitration.
All arbitration proceedings under these Terms will be held before a single arbitrator in Orange County, California. Any court appeals or motions regarding the arbitration award shall be handled in state or federal courts in Orange County, California. Each party is responsible for its own legal costs, and the fees for the arbitrator will be shared equally between the parties.
If any part of this Section 5.3 is determined to be unenforceable, that portion will be removed and the remainder will continue in full effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION CLAUSE WITHIN 30 DAYS OF YOUR FIRST USE OF THE SITE OR SOFTWARE BY SENDING A SIGNED WRITTEN NOTICE TO support@whatisnearme.net INDICATING THE DATE OF YOUR INITIAL USE. IF THE OPT-OUT NOTICE IS NOT TIMELY, YOU WILL BE BOUND TO ARBITRATE ANY CLAIMS IN ACCORDANCE WITH THESE TERMS.
5.4 Jurisdiction and Venue. You and whatisnearme.net agree that all disputes subject to arbitration under Section 5.3 shall be exclusively resolved in the courts located in Orange County, California. In the event that a lawsuit is filed, you irrevocably consent to the jurisdiction and venue of those courts and waive any objections thereto.
5.5 Choice of Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, and in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
5.6 Entire Agreement. These Terms and Conditions, along with any other rules posted on the Site, constitute the entire agreement between you and whatisnearme.net regarding your use of the Site and Software. No modifications will be binding unless made in writing by whatisnearme.net as described above.
5.7 Severability. If any provision of these Terms and Conditions is found to be unenforceable, that provision shall be severed from the remainder, which will continue to be enforceable.
For any questions or concerns, please contact whatisnearme.net at support@whatisnearme.net.
Updated: October 19, 2018