Terms of Use

Freeadwordsscripts.com Terms of Use

Last Modified: August 14, 2017

Welcome to Freeadwordsscript.com (“FAWS,” “we,” “our”), a blog dedicated to sharing scripts that users may use in their own adwords online advertising accounts. The Terms of Use (“Terms”) below govern and regulate your access to and use of the FAWS website and services (“Website”), along with our Privacy Policy Statement, and any documents incorporated herein by reference.

Please read these Terms carefully before accessing our Services.  If you (“You” or “your”) do not agree to be bound by the terms of this Agreement, You must immediately discontinue access of the Website because your continued access signifies your acceptance of the Agreement and any modification or revision thereto.

  1. Acceptance of These Terms of Service.

BY ACCESSING THE FAWS WEBSITE YOU ACKNOWLEDGE YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE READ AND UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THAT THE TERMS OF THIS AGREEMENT WILL APPLY EACH TIME YOU ACCESS THE WEBSITE.

By accessing the Website, You represent and warrant that (a) You are at least eighteen (18) years of age or older; (b) if registering for an organization, that You possess the legal authority to enter into these Terms and form a binding agreement under applicable law; and (c) all information provided by You as part of your use or continued use of the Website is accurate. If You are unable to fulfill all of these requirements, You must immediately stop all use and terminate your access to the Services.

  1. Changes to Terms of Use.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

 Your continued use of the Website following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on You.

  1. Accessing the Website and Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

We have the right in our sole discretion to disable or restrict your access to the Website, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  1. Contributor Disclosure.

FAWS may include blog(s), blog posts, notices, advertisements, sidebars, takeaways etc. (collectively “Contributor Content”) that are written by one or more contributors (“Contributor”). Contributor receives cash compensation and/or other compensation (“compensation”) for posting, uploading Contributor Content to FAWS. The compensation received may influence Contributor Content uploaded, transmitted, posted to the Website.

Contributor providing Contributor Content on this Website is compensated to provide opinion on products, services, script codes, and various other topics on behalf of Optmyzr, and such Contributor Content is sponsored by Optmyzr. Even though Contributor receives compensation for his posts or advertisements, Contributor always give his honest opinions, findings, beliefs, or experiences on those topics or products. All Contributor Content is provided for informational purposes only and FAWS does not warrant the accuracy, completeness, or usefulness of any Contributor Content. Use of Contributor Content is solely at user’s own risk. The views and opinions expressed in the Contributor Content on FAWS are purely the Contributor’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

We disclose the following existing relationships: Optmyzr Inc. is the parent company of FAWS and may have a significant impact on Contributor’s Content.

  1. User Content

Users may transmit, post comments and submit suggestions, ideas, questions, or other information (“User Content”), so long as the content does not violate these Terms, specifically including Section 11 below. FAWS has the right, but not the obligation, to monitor and edit or remove any activity or content.

If You transmit, post User Content or submit material, including emails sent to the official email addresses of FAWS or its representatives, agents, employees, affiliates, parent, or assigns, and unless we indicate otherwise, You automatically grant FAWS and its affiliates and parent a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereafter devised. You grant FAWS and its parent, affiliates and sublicensees the right to use all information including, without limitation, the name, address, business name, phone number and email address that you submit in connection with such content, if they choose.

Any and all correspondence sent to FAWS or its representatives, agents, employees, affiliates, parent, or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered property of FAWS. FAWS reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that You or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by FAWS or its affiliates or parent constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release FAWS, its successors, assigns, parent, licensees, representatives, agents, employees and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence You send to us.

You further represent and warrant that:

  • You own or otherwise control all of the rights to the User Content that You transmit, post and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns necessary to enable reproduction, distribution, modification, publishing and/or other exploitation of the User Content and any licensed third-party content contained therein;
  • Your User Content does not violate this policy and will not cause injury to any person or entity and that You will indemnify FAWS or its affiliates or parent for all claims resulting from User Content You supply;
  • All of your User Contributions do and will comply with these Terms; and
  • You understand and acknowledge that you are responsible for any User Content that You submit or contribute, and You, not FAWS, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Contributor Content, User Content posted by You or any other user of the Website.

  1. No Support.

No support will be provided regarding any script downloaded or otherwise copied by user from the Website, including Contributor Content or any comments or suggested modifications made by a Contributor, user or other user or third party.

  1. Intellectual Property Rights.

Except as provided in Section 8, the Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Optmyzr Inc. (“Optmyzr”), its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit You to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features at www.freeadwordsscript.com with certain content, you may take such actions as are enabled by such features.

    You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@freeadwordsscripts.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Optmyzr, its licensors, or other providers of such material. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  1. Application of Scripts.

Subject to the provisions contained in this Agreement FAWS permits You to make use of adwords scrips, and make available to others, under the terms and conditions of the Apache License, Version 2.0 (“License”).

  1. Trademarks.

The domain name freeadwordsscript.com, and all related names, logos, designs, slogans, product and service names, website graphics, page headers, button icons, scripts, and service names are trademarks or trade dress of Optmyzr or its affiliates or licensors. You must not use such marks without the prior written permission of Optmyzr. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  1. Copyright Policy

FAWS takes the intellectual property rights of others seriously and expects You to do the same on our Website.  We will respond to notices of copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512).
If you believe in good faith that User Content available through our Services infringes one or more of your copyrights, you may provide us written notice (“Take Down Notice”) and include the following information:
  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed (including a hyperlink to said work(s), if available), or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material (including a hyperlink to said work(s));
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, his/her/its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send FAWS a counter-notice.

Any Take-Down Notice or counter-notice (collectively “Notice”) must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/title17/92appb.html for details. Any Notice regarding FAWS must be sent to: Attn: Frederick Vallaeys, Optmyzr Inc., 551 Pilgrim Drive, Suite B, Foster City, California, 94404; or by email at dmca@freeadwordsscript.com. Consult your legal advisor before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

  1. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Upload, transmit, post, email, or otherwise may available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, tortious, vulgar, hateful (including based upon race, age, gender, sexual-orientation, or religion), or otherwise objectionable (in FAWS’ sole opinion).
  • Upload, transmit, post, email, or otherwise may available any content that violates anyone’s Intellectual Property Rights.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate FAWS or any parent, affiliate or agent of FAWS; an employee of FAWS or parent, affiliate, or agent; another user; a Contributor; or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Use meta tags or code or other devices containing any reference to FAWS or the Website (or any existing trademark, trade name, service mark, logo or slogan of FAWS), to any person or entity or other website for any purpose.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FAWS or its parent, affiliates, agents, employees, Contributors, or users of the Website or expose them to liability.

    Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Upload, transmit, post, email, or otherwise may available any content that constitutes or encourages a criminal offense, illegal activity, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software or application used on, or for the Website, or causes others to do so.
  • Collect, store or solicit information about other users or Contributors for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, and the like, without FAWS’ prior consent.
  • That violates these Terms in any manner or that otherwise violates any third-party provider’s terms and conditions.

FAWS reserves the right, in its sole discretion, to terminate your license, remove your User Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to User Content or use of the Website that FAWS reasonably believes is or might be in violation of these Terms.  Failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms. FAWS does not regularly review posted content. If You are offended by any User Content, Your sole remedy is to stop using the Website.

  1. Electronic Communications.
When You receive e-mails from us or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You will always receive notices of changes to the Website and disclosures by e-mail You may unsubscribe or opt out of other communications by following the specific instructions included in such Communications, or by emailing us with your request at unsubscribe@freeadwordsscript.com.  

  1. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any Contributor to the Website, You or any other user of the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and, or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FAWS are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FAWS or its affiliates or parent. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

We do not control and are not responsible for Contributor Content and, or User Content made available on the Website and by using the Website You may be exposed to Contributor content and/or User Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Your sole remedy is to stop viewing the Contributor Content and, or User Content. If You believe in good faith another user is violating these Terms, You may email us regarding such conduct at support@freeadwordsscript.com.

  1. Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  1. Interruption of Service.

We reserve the right to update, modify, suspend, discontinue or close, temporarily or permanently, the Website (or any part thereof) at any time with or without notice. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website. To protect the integrity of the Website, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing the Website.

Transactions conducted through the Internet may be subject to interruption, blackout, delay or error.  FAWS shall not be responsible in any way for loss of accuracy or timeliness of any message sent through this Website arising from or in relation to any malfunctions in communication facilities that are out of the control of FAWS.

  1. Information about You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Disclaimer of Warranties.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT SCRIPT CODE AVAILABLE FOR COPYING OR DOWNLOAD FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, FAWS AND OUR PARENT, MANAGERS, EMPLOYEES, AGENTS, CONTRIBUTOR(S), LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY “ASSOCIATED PARTIES") WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION ADWORDS SCRIPT CODE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER FAWS NOR ASSOCIATED PARTIES REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; FREE OF CORRUPTION OR INTERCEPTION, DELAY OR LOSS OF DATA; THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FAWS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF FAWS OR ANY ASSOCIATED PARTY, WHETHER MADE ON THE FAWS WEBSITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE FAWS WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, FAWS AND OUR ASSOCIATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES) (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (i) FAWS (INCLUDING, WITHOUT LIMITATION, FAWS’ CONTENT, INFORMATION, AND SERVICES OFFERED ON THE WEBSITE); (ii) CONTRIBUTOR CONTENT (iii) USER COMMENTS (INCLUDING, WITHOUT LIMITATION, CONTENT, INFORMATION, WARRANTIES, REPRESENTATIONS, AND OTHER SUCH TERMS AND CONDITIONS ASSOCIATED WITH ANY COMMUNICATION BETWEEN YOU AND ANY USER OF THE WEBSITE); (iii) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE FAWS WEBSITE; (iv) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FAWS AND ASSOCIATED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE FAWS’ WEBSITE; (v) ANY ACTION TAKEN IN CONNECTION WITH THE INFRINGEMENT OR OTHER VIOLATION OF ANY USER OR THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; (vi) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE FAWS WEBSITE; OR (vii) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, WORM, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF FAWS AND ASSOCIATED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT INCLUDING NEGLIGENCE). IN NO EVENT WILL FAWS AND ASSOCIATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE FAWS WEBSITE IS TO STOP USING THE WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF FAWS AND ASSOCIATED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED FIFTY DOLLARS ($50.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FAWS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE FAWS WEBSITE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE FAWS WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER WEBSITE CONTENT OWNED OR CONTROLLED BY FAWS AND ASSOCIATED PARTIES.

BY ACCESSING THE FAWS WEBSITE YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF CALIFORNIA CODE § 1542, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification.

You agree to defend, indemnify, and hold harmless FAWS, its affiliates, parent, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

  1. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

 Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States located in the Norther District of California or the courts of the State of California located in Santa Clara County, California although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms in your country of residence or any other relevant country if You reside outside the United States. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts, including all forum non conveniens defenses.

  1. Arbitration.

Customer service is important to us, so we ask that You first try to resolve your dispute by contacting us.  If we cannot informally resolve your dispute, You agree that all disputes between You and FAWS arising out of or relating to this Agreement (including any alleged breach) will be resolved by binding arbitration, unless your claim may be brought in small claims court.

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential, binding arbitration in Santa Clara County, California, before one (1) arbitrator. The arbitration shall be initiated and conducted according to JAMS Arbitration Rules and Procedures, and where consistent, California law, without regard to or application of conflict of law principles of your state or country of residence, at the San Jose, California office of JAMS including the Optional Appeals Procedure. If You reside out the state of California or the United State You understand and agree to submit to the jurisdiction and venue of Santa Clara County, California and hereby waive all forum non conveniens defenses.

The arbitrator shall be a disinterested attorney or retired judge experienced in e-commerce and/or intellectual property matters. Such arbitration shall include discovery proceedings as provided under Section 1283.05 of the California Code of Civil Procedure. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English at the expense of the party presenting the witness. Judgment on any award may be entered in any court of competent jurisdiction. The Parties hereto consent to the jurisdiction of the Superior Court of the State of California, Northern Judicial District, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested. The prevailing party shall be awarded costs and reasonable attorneys’ fees associated with the arbitration.

You understand that by using the Website You GIVE UP YOUR RIGHT TO GO TO COURT, to assert or defend any claims between You and FAWS (except for matters brought in small claims court) BEFORE A JUDGE OR JURY. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction over the parties. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

Attorney Fees:  In any arbitration or court action between the parties to enforce this Agreement or the rights of the parties hereunder, the prevailing party in such action (as determined by the arbitral panel or court) will be entitled to receive a reasonable sum for its attorney’s fees and all other reasonable costs and expenses incurred in such action or suit.

Small Claims Action: If your claim meets the requirements to file a small claims action, You agree to the sole jurisdiction and venue of any small claims court located in Santa Clara County, California.  To the extent state law applies, California law shall govern without regard to or application of the conflict of law provisions of your state or country of residence.  

No Class Action: You agree to give up your right to participate in a class action or class proceeding, including class arbitration, limited attorney general action, or other representative action or proceeding.

  1. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Survival of Terms.

Upon termination of these Terms, including, without limitation, your breach of this Agreement, all provisions regarding licenses You granted (Section 5); No Support (Section 6); Intellectual Property Rights (Section 7); Application of Scripts (Section 8); Trademarks (Section 9); Copyright Policy (Section 10); Disclaimer of Warranties (Section 18); Limitations on Liability (Section 19); Indemnification (Section 20); Governing Law and Jurisdiction (Section 21); Arbitration (Section 22); Limitation on Time to File Claims (Section 23); Local Laws and Export Control (Section 25); Waiver and Severability (Section 27); Entire Agreement (Section 28); and Assignability (Section 29).

  1. Local Laws and Export Control.

The Service provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. FAWS and Associated Parties make no representation that the Website is appropriate or available for use in other locations. If you use the Website from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the FAWS Content, Contributor Content or User Content contrary to United States or other applicable law is prohibited. None of the FAWS Content, Contributor Content or User Content, nor any information acquired through the use of the Website, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government and other applicable governmental bodies for such purposes.

  1. Feedback and Suggestions.

If You submit feedback, comments, ideas or suggestions (collectively “Suggestions”) about the Website, You acknowledge that such Suggestions are unsolicited and that we may, but have no obligation, to use your Suggestions.  You further agree and acknowledge that any use of your Suggestions by us, for any purpose, will be without any liability to us, or payment of any kind to you.

  1. Waiver and Severability.

No waiver by FAWS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Freeadwordsscript.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement.

These Terms of Use, along with our Privacy Policy constitute the entire agreement between You and FAWS regarding use of the Website, and supersedes and replaces any prior agreements between You and FAWS regarding the Website.

  1. Assignability.

FAWS may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent.  You may not assign or delegate any rights or obligations under this Agreement without FAWS’ prior written consent, and any unauthorized assignment and delegation by You is void.

  1. Comments and Concerns.

FAWS is owned and operated by Optmyzr Inc., with its principal offices located at 551 Pilgrim Drive, Suite B, Foster City, CA 94404.

 All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out above and directed to: dmca@freeadwordsscripts.com.

    All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@freeadwordsscript.com.

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