Last Modified: September 26, 2011
The following Hotspot Shield Software License and Terms of Service Agreement (“Terms” or the "Agreement") for the Hotspot Shield Software and Service is a legal contract between you, an individual subscriber ("You"), and AnchorFree, Inc. ("AnchorFree") regarding your use of the Hotspot Shield Software to create a virtual private network ("VPN") connection (the "Service").
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING "I AGREE" BUTTON AT THE END OF THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DECLINE" BUTTON AND THE HOTSPOT SHIELD SOFTWARE WILL NOT BE INSTALLED ON YOUR DEVICE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST DESTROY, RETURN OR DELETE ALL COPIES OF THE HOTSPOT SHIELD SOFTWARE IN YOUR POSSESSION.
THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY ANCHORFREE. By clicking the "I Agree" button or by otherwise registering for, accessing or using the Service, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Service by AnchorFree.
1. The Service. You may choose whether to use the free or subscription-based Service. If You choose to use the free Service, then AnchorFree may deliver third-party advertisements ("Advertisements") within the content of any web page accessed. If You choose to use the subscription-based Service, then AnchorFree will not deliver any Advertisements within the content of any web page accessed.
2. Hotspot Shield Privacy Notice. Your privacy is important to AnchorFree. AnchorFree's Hotspot Shield Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to the Hotspot Shield's collection, use, and disclosure of your personal information
3. Additional Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. AnchorFree reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Service.
5. Digital Millennium Copyright Act. It is AnchorFree's policy to respond to notices of alleged copyright infringement that company with the Digital Millennium Copyright Act. For more information, please go to AnchorFree's DMCA Notification Guidelines.
6. The Hotspot Shield Software
6.1 Hotspot Shield Software License. Subject to the terms and conditions set forth in this Agreement, AnchorFree grants You a limited, nonexclusive, personal, nontransferable license to install and use one (1) copy of the provided version of the Hotspot Shield Software in object code format, to access the Service for internal and personal purposes only, and on only five (5) Devices (as defined in Section 7.1 below). The Hotspot Shield Software is "in use" on a computer when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of a Device.
6.2 Hotspot Shield Software License Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE HOTSPOT SHIELD SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Hotspot Shield Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Hotspot Shield Software, merge the Hotspot Shield Software into another program or create derivative works based on the Hotspot Shield Software; or (e) use, copy or distribute the Hotspot Shield Software without AnchorFree's written authorization, except that You may make one (1) copy of the Hotspot Shield Software for archival or backup purposes only.
6.3 Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE WHILE USING THE HOTSPOT SHIELD SOFTWARE OR SERVICE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT.
7. The Service.
7.1 Availability. AnchorFree agrees to allow You to use the Hotspot Shield Software solely to access the Service. A computer or other equipment enabled to access the Internet ("Device") is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. AnchorFree is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
7.2 Denial of Access; Third Party Access. AnchorFree reserves the right to modify or discontinue the Service at anytime without any notice for its convenience. AnchorFree may deny access to the Service without any prior notice if You are in breach of this Agreement. You shall not allow any third party to access the Service from your Device.
7.3 Trusted Publisher. As part of the Service, AnchorFree may install its own certificate as a Trusted Publisher. AnchorFree reserves the right to make future installs or updates at anytime without any notice for its convenience.
8. Prohibited Conduct.
BY USING THE HOTSPOT SHIELD SOFTWARE OR THE SERVICE YOU AGREE NOT TO:
8.1 use the Hotspot Shield Software or Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, Hotspot Shield Software or any Materials (as defined in Section 11, below);
8.3 delete the copyright or other proprietary rights on the Hotspot Shield Software or Service;
8.4 use the Hotspot Shield Software or Service for any illegal purpose, or in violation of any local, state, national, or international law;
8.5 use the Service or Hotspot Shield Software for any commercial use, it being understood that the Hotspot Shield Software and Service is for personal, non-commercial use only;
8.6 use the Hotspot Shield Software or Service if You are under the age of 18 years old;
8.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hotspot Shield Software or Service, features that prevent or restrict use or copying of the Hotspot Shield Software, or features that enforce limitations on the use of the Service;
8.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or Hotspot Shield Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.9 modify, adapt, translate or create derivative works based upon the Hotspot Shield Software or Service or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
8.10 intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
9. Third-Party Transactions.
9.1 Advertisements. If You are using the free Service, AnchorFree may deliver third-party Advertisements within the content of any web page accessed. Advertisements may be injected into the top of the page, inserted directly into the page content, or even displayed to overlay the page. You hereby acknowledge and consent that AnchorFree may alter the content of any web page accessed for the purpose of displaying Advertisements. AnchorFree reserves the right to prevent any user's access to the product or continued use thereof if the user violated our terms by engaging in fraud, copyright infringement or employing an adblocking product or other software or mechanism that prevents the user from participating in advertising programs, surveys, or other activities that involve monetization of the service. AnchorFree does not endorse any information, materials, products, or services contained in or accessible through Advertisements. Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between You and such advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
9.2 Otherwise. If You choose to access web sites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the subscription-based Service or through Advertisements while using the free Service, your personal information may be available to the third-party provider. If you choose to visit or use any third-party products or services, please note that AnchorFree policies will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. AnchorFree has no responsibility for any third party’s policies, or any third party’s compliance with them.
10. Termination; Terms of Service Violations.
10.1 AnchorFree. You agree that AnchorFree, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the Hotspot Shield Software at any time. AnchorFree may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and You agree that AnchorFree will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AnchorFree may have at law or in equity.
10.2 You. Your only remedy with respect to any dissatisfaction with (i) the Service or Hotspot Shield Software, (ii) any term of this Agreement, or (iii) any policy or practice of AnchorFree in operating the Service, is to terminate this Agreement. You may terminate this Agreement at any time by discontinuing use of any and all parts of the Service and certifying in writing to AnchorFree that all copies of the Hotspot Shield Software have been destroyed or deleted from any of your Device or other storage devices.
11. Ownership; Proprietary Rights. The Hotspot Shield Software and Service are owned and operated by AnchorFree and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or Hotspot Shield Software provided by AnchorFree (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Hotspot Shield Software or Service (excluding any Materials on third-party websites) are the property of AnchorFree or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to AnchorFree or its affiliates and/or third-party licensors. Except as expressly authorized by AnchorFree, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. AnchorFree reserves all rights not expressly granted in this Agreement.
12. Indemnification. You agree to indemnify, save, and hold AnchorFree, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Hotspot Shield Software or Service, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. AnchorFree reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify AnchorFree, and You agree to cooperate with AnchorFree's defense of these claims. AnchorFree will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
13. Export. The Hotspot Shield Software and Service may be subject to United States export controls. You may not export or re-export the Hotspot Shield Software without: (a) the prior written consent of AnchorFree, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, You may not transfer or authorize the transfer of the Hotspot Shield Software to a prohibited territory, country or organization (currently including, without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria and any organization named on the United State's Commerce Department's "Denied Parties List") or otherwise in violation of any applicable restrictions or regulations. You understand and agree that the Hotspot Shield Software and Service may contain information that is controlled and restricted from export by United States export controls (the "Controlled Information"). If AnchorFree, in its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled Information where required, if You are in a country or territory that is subject to such regulation, You shall not be provided access to the Service.
14. Disclaimers; No Warranties.
14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANCHORFREE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANCHORFREE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14 THE TERM ANCHORFREE INCLUDES ANCHORFREE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND HOTSPOT SHIELD SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, HOTSPOT SHIELD SOFTWARE AND ANY DATA, INFORMATION, THIRD-PARTY HOTSPOT SHIELD SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE HOTSPOT SHIELD SOFTWARE OR SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. ANCHORFREE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD THE HOTSPOT SHIELD SOFTWARE AND OTHERWISE OBTAIN OR TRANSMIT MATERIALS, DATA, OR OTHER CONTENT WHILE USING THE SERVICE AT YOUR OWN DISCRETION AND RISK.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR HOTSPOT SHIELD SOFTWARE, OR ANY OTHER INTERACTIONS WITH ANCHORFREE, EVEN IF ANCHORFREE OR AN ANCHORFREE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ANCHORFREE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR HOTSPOT SHIELD SOFTWARE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HOTSPOT SHIELD SOFTWARE AND SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT ANCHORFREE HAS OFFERED ITS HOTSPOT SHIELD SOFTWARE AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ANCHORFREE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ANCHORFREE. ANCHORFREE WOULD NOT BE ABLE TO PROVIDE THE SERVICE AND HOTSPOT SHIELD SOFTWARE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
15.5 Consumer End Users (Outside of the USA). This Section 15.5 applies only if You reside and use the Service and Hotspot Shield Software outside of the United States.
(A) Warranties. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
(B) Data Transfer. If You are accessing the Service from any region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Hotspot Shield Software and Service, which are governed by U.S. law and this Agreement, you may be transferring your personal information to the United States and you consent to that transfer.
16 Dispute Resolution and Arbitration
16.1 Generally. In the interest of resolving disputes between You and AnchorFree in the most expedient and cost effective manner, You and AnchorFree agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, You and AnchorFree are each waiving the right to a trial by jury or to participate in a class action.
16.2 Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
16.3 Arbitrator. Any arbitration between You and AnchorFree will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AnchorFree.
16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for You, by electronic mail ("Notice"). AnchorFree's address for Notice is: AnchorFree, Inc., 450 National Avenue, Mountain View, CA 94043. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, You or AnchorFree may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or AnchorFree shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, AnchorFree shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by AnchorFree in settlement of the dispute prior to the arbitrator’s award.
16.5 Fees. In the event that you commence arbitration in accordance with these Terms, AnchorFree will reimburse You for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in California, provided that if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, You agree to reimburse AnchorFree for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 No class actions. YOU AND ANCHORFREE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and AnchorFree agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications. In the event that AnchorFree makes any future change to this arbitration provision (other than a change to the AnchorFree's address for Notice), You may reject any such change by sending us written notice within 30 days of the change to AnchorFree's address for Notice, in which case your use of the Service shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
16.8 Enforceability. If only Subsection 16.6 of this Section 16 or the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Sections 17.3 and 17.4 shall govern any action arising out of or related to these Terms.
17. Miscellaneous.
17.1 Notice. AnchorFree may provide You with notices, including those regarding changes to this Agreement, by posting the notice on the Hotspot Shield. Notice will be deemed given twenty-four hours after posting.
17.2 Waiver. The failure of AnchorFree to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by AnchorFree.
17.3 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
17.4 Jurisdiction. If You reside inside the United States of America and are using the Service or Hotspot Shield Software in the United States, Section 16.4 (Arbitration) does not apply and this Section 16.5 applies to You. You agree that any action at law or in equity arising out of or relating to this Agreement or AnchorFree will be filed only in the state or federal courts in and for San Francisco County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
17.5 Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
17.6 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by AnchorFree without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
17.7 Survival. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 6.2, 7.1, and 8 through 16.
17.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
17.9 Entire Agreement. This Agreement constitutes the entire agreement between You and AnchorFree relating to the subject matter herein and will not be modified except in writing, signed by both parties.
17.10 Claims. YOU AND ANCHORFREE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.11 Disclosures. The Service and Hotspot Shield Software set forth hereunder are offered by AnchorFree, Inc. 450 National Avenue, Mountain View, CA 94043 and email: support@anchorfree.com. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.