Terms of Service

Last Revised: January 1, 2020
The following terms and conditions (the "Terms of Service" or "Agreement") constitute an agreement between you, whether as a casual visitor, registered user, member ("User", "you" or "your") and Digital Media ID dba AdMail ("AdMail"), and its affiliates, successors and assigns ("AdMail", "us", "our" or "we") regarding your use of AdMail Site, Apps and/or Services (all as defined below). AdMail is the owner and operator of the www.AdMail.app website and the blog at AdMail.app/blog/ (collectively, the "Site"), AdMail mobile applications for iOS and Android platforms (the "Apps"), AdMail newsletters, email notifications or any related applications provided by us (collectively, the "Services"), and all content and features contained in the foregoing.BY ACCESSING THE SITE, ACCESSING, UTILIZING OR PURCHASING SUBSCRIPTIONS THROUGH THE SITE OR THE APPS, OR UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Modifications to the Terms of Service

AdMail, in its sole and absolute discretion, may make changes or modifications to the Site, the Apps, or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) AdMail may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site, the Apps or the Services after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, AdMail may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.

Eligibility; Registration

This Site, the Apps and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site, the Apps or the Services, you represent and warrant that you are at least eighteen (18) years of age.If you are visiting this Site or the App from a country outside of the United States of America, and a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site or the App and communicating electronically with us, you consent to such transfers.

Your Use of the Site, the Apps and the Services

By accessing and/or using the Site, the Apps or any Services, you agree to comply with these community guidelines (the "Community Guidelines") and that: Your use of the Site, the App and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; When signing up for AdMail Plus, or Family unlimited plans, it is your duty to inform the residents that you're signing up of our Terms of Service, and insure they all agree before you sign them up. By signing up for a Plus, or Family plan, you are acknowledging the other residents (users) of the plan are in agreement to the Sites Terms of Service. You will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site, the Apps or the Services in a manner (as determined by AdMail in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable. You will not use this Site, the Apps or the Services for hate speech, hate crimes or violence; You will not use this Site, the Apps or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site, the Apps or the Services; you will not copy or distribute in any medium any part of the Site, the Apps or the Services, except where expressly authorized by AdMail; you will not access AdMail Content or User Content (as those terms are defined below) through any technology or means other than through this Site or Apps itself, or as AdMail may designate; you will not use this Site, the Apps or the Services, including any of AdMail's related technologies, for any commercial use without AdMail's express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.AdMail reserves the right to modify, change, or discontinue any aspect of this Site, the Apps or the Services at any time.

Sign-in Name; Password, Unique Identifiers

You may be asked to register in order to use the membership areas of the SITE. You may be asked to register in order to use Apps or certain Services including, but not limited to, AdMail's newsletters. If required to register to use the Apps or one of our Services, you must create an account, including a valid email as your sign-in name ("Sign-In Name"), a password ("Password"), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you agree to provide accurate, current and complete information about yourself and to promptly update this information to maintain its accuracy. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of any information you provide, as well as for any use, misuse, or communications entered through the Site, the Apps or the Services using such information. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. AdMail will not be liable for any loss or damage caused by any unauthorized use of your registration information. AdMail has the right to delete, change, suspend or terminate your registration, your Sign-In Name and Password, your Purchased Subscription and/or this Agreement in our sole discretion at any time and for any reason, and to refuse any and all current or future use of the App or the Services if it suspects that such information is inaccurate or incomplete.

Beta Features

From time to time, AdMail may invite you to try pre-release services, products, features, or functionalities that are made available to you to use and evaluate ("Beta Features"). You may accept or decline any such trial in your sole discretion. An important part of this beta process is getting real-world testing of the Beta Features before a general release. If you agree to participate in a beta trial, the following additional terms and conditions will apply:– You acknowledge that Beta Features are for evaluation purposes only and not for production use, are not considered part of the Services under this Agreement, are not supported, are provided "AS IS" with no warranties of any kind and may be subject to additional terms.– Unless otherwise stated, any Beta Feature trial period will expire upon the date that a version of the Beta Feature becomes generally available or we elect to discontinue such Beta Feature.– We may discontinue Beta Features at any time in our sole discretion and may never make them generally available.– WE WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA FEATURE, AND YOU USE ANY BETA FEATURE AT YOUR OWN RISK.– You agree that we shall be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.

Intellectual Property

The content on this Site, the Apps and the Services as well as any content in the Beta Features, including without limitation the text (such as the articles found on our blog or in our newsletters), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("AdMail Content"), are owned by or licensed to AdMail in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. AdMail Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AdMail. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. AdMail reserves all rights not expressly granted in and to AdMail Content, this Site, the Apps and the Services, and this Agreement does not transfer ownership of any of these rights.If you violate any part of this Agreement, your permission to access and/or use AdMail Content and the Site, the Apps or the Services automatically terminates and you must immediately destroy any copies you have made of AdMail Content.The trademarks, service marks, and logos of AdMail ("AdMail Trademarks") used and displayed on the Site, the App, the Services or on any Beta Features are registered and unregistered trademarks or service marks of AdMail. Other company, product, and service names located on the Site, the App, the Services or any Beta Features may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with AdMail Trademarks, the "Trademarks"). Nothing on the Site, the App, the Services or any Beta Features should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of AdMail Trademarks inures to our benefit.The Site, the App, the Services and any Beta Features have been specially designed to present AdMail Content in a unique format and appearance. We are concerned about the integrity of AdMail Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the Site, the App, the Services and the Beta Features are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of AdMail Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.

Description of other rights and limitations

(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all AdMail Content.(b) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble any AdMail Content, with specific regard to software, scripts, source code, API, or graphics, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.(c) Rental. You may not rent, lease, or lend the Site, Apps or the Services without the express, written consent of AdMail.(d) Support Services. AdMail may provide you with support services related to the Site, Apps or the Services ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Services and subject to these Terms of Service.

Our Use of User Content

Some of the features of this Site, the App or the Services, or on any Beta Features, may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a "like" or "comment" function) relating to AdMail's news articles or current events ("On-Site User Content"). For the avoidance of doubt, On-site User Content explicitly DOES NOT refer to the images, name(s) and/or address(es) you upload and provide to AdMail for the purpose of submitting an opt-out "unsubscribe request" to a mailer via our Site, Apps or the Services.We may also make available interactive services through third-party websites and third party social media platforms ("Third Party Platforms") (e.g., AdMail-designated hashtags, including #AdMail, and comment or posting sections on AdMail-related pages hosted on third party social media platforms) pursuant to which Users can post associated content ("Off-Site User Content," together with On-Site User Content, "User Content"). By posting or publishing User Content to this Site, the App or to the Services, or on any Beta Features or to Third Party Platforms, you represent and warrant to AdMail that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.AdMail has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that AdMail may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.If you post or publish your User Content to this Site, the Apps, any Beta Features or to Third Party Platforms, you authorize AdMail to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, the Apps, any Beta Features, the Third Party Platforms and this Agreement. Accordingly, you hereby grant AdMail a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the App, the Third Party Platforms and AdMail's business, including without limitation for any Beta Features, promoting and redistributing all or part of this Site or the Apps in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.

Our Monitoring of User Content

AdMail reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. AdMail may remove any item of User Content (in the case of Off-Site User Content, remove any repost or publication of such Off-Site User Content from a Third Party Platform, the Site or the Apps) and/or terminate a User's access to this Site, the Apps or the Services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by AdMail in its sole and absolute discretion), at any time and without prior notice. If AdMail terminates your access to this Site, the Apps or the Services AdMail may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

Copyright Infringement

AdMail has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). It is AdMail's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. If you believe that your content has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by emailing us at human [at] AdMail dot com. AdMail will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include AdMail removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to AdMail regarding matters other than informing AdMail that a party's copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:– A physical or electronic signature of 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, or if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;– Identification of the material (i.e., the third party materials) 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 AdMail to locate the material;– Information reasonably sufficient to permit AdMail to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;– A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and- A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Counter Notification. If you believe that your work has been removed or disabled by mistake or misidentification, please notify our Copyright Agent by emailing us at human [at] AdMail dot com. To be effective, a Counter Notification must be a written communication that includes substantially the following:– A physical or electronic signature of the User;– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;– A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and– The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the User's address is located, or if the User's address is outside of the United States, for any judicial district in which AdMail may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.Upon receipt of a valid Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and AdMail will comply with this requirement within a reasonable time (or as otherwise required by law), provided AdMail's Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain User from engaging in infringing activity relating to the material on AdMail's network or system.To contact our Copyright Agent by regular mail, please write to:

AdMail c/o Copyright Agent
8185 Via Ancho RD #880644
BOCA RATON, FL 33488 US

Links to Third-Party Websites

This Site, the App and the Services may contain links to third-party websites that are not owned or controlled by AdMail. These links are provided solely as a convenience to you and do not constitute an endorsement by AdMail of the content on such websites nor of the business practices of those operating those websites. AdMail has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AdMail does not censor or edit the content of any third-party websites. By using this Site, the App or the Services, you expressly release AdMail from any and all liability arising from your use of any third-party website. Accordingly, AdMail encourages you to be aware when you leave this Site, the Apps or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Subscriptions, Fees and Payment

As AdMail grows and develops new services, products, and features, we may charge fees in connection with certain Apps, Services, Membership plans, or offerings, including Beta Features ("Fees"). We will notify you of any Fees associated with such Services or offerings so that you may choose whether to purchase or subscribe to the new Services, product, feature or Beta Feature. Fees and any applicable taxes will be due and payable as set forth below. Promotion price valid for 1st year. Plan renews at regular rate.AdMail may increase the Fees by providing you with written notice of such increase.– Payment by Credit or Debit Card. In the event you choose to purchase any product or Services for which AdMail charges a Fee, you authorize AdMail to charge your credit card, debit card or other payment instrument for the Fee and any applicable taxes. You further authorize AdMail to use a third party to process payments and hereby consent to the disclosure of you Billing Information to such third party.– Payment Information. Once you provide us with your Billing Information, you agree to keep your contact information, Billing Information, and credit card information (where applicable) up to date. Changes may be made on your billing page connected to the Services or Beta Feature.Non-Cancelable and Non-Refundable. All Fees and applicable taxes payable under this Agreement and all payments made are non-refundable, except at the sole discretion of AdMail.We may offer Apps or some of our Services on a subscription basis. By subscribing to the Apps or to any such Services, you authorize us to charge your credit card or debit card an initial payment at the time of signing up, and a monthly or annual recurring payment which will take place on the next billing day of your billing cycle. IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A MONTHLY OR ANNUAL SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS BELOW OR ON OUR SITE, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.

Monthly and Annual Recurring Subscriptions

A subscription is required to use AdMail's membership services beyond any free trials. All users are granted four (4) free request submissions to unsubscribe from individual direct marketing mailers, and will be prompted to choose a subscription plan when submitting their fifth request. Subscription plan options include recurring charges per month or per year charges, before applicable sales tax(es).Additionally, upon completing the purchase of a subscription plan you agree:– Payment will be charged at confirmation of purchase.– Your Subscription automatically renews unless auto-renew is turned off at least 24-hours prior to the end of the current period.– Your Account will be charged for renewal within 24-hours prior to the end of the current period.– No cancellation of the current subscription is allowed during active subscription period.– Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to AdMail.By subscribing to the Apps and to the Services, you authorize us to charge your credit card or debit card an initial payment at the time of signing up, and a monthly or annual recurring payment which will take place on the next billing day of your billing cycle. IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A MONTHLY OR ANNUAL SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS ON OUR SITE, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.You may cancel your web-based subscription purchased at AdMail.com at any time by visiting your account at https://admail.app/membership-account/membership-cancel and cancelling your subscription there.Accounts purchased via iTunes, the Apple App Store, or Google Play as in-app purchases may be canceled by visiting your respective account at iTunes, Apple App Store, or Google Play and cancelling your subscription there, via the standard cancellation processes offered by these third-party marketplaces. Additional information may be made available by contacting info [at] AdMail dot app.You are responsible for any recurring charges that take place prior to cancellation. AdMail reserves the right to move your next billing day at any time without any further authorization from you. We may modify the fees at any time by posting such modification on our website, and any such modification shall go into effect thirty (30) days after it is so posted.AdMail reserves the right to consider refunds, at our discretion based upon the particular circumstances of your case. There are no automatic refunds for digitally-deliverable services, thaat are non-tangible goods. Such goods and services cannot be returned (unlike physical goods). Before signing up for a membership plan, verify that it meets your needs and is suitable for your goals. Please do not treat a membership as a trial service. These restrictions do not affect your consumer rights. AdMail reserves the right to, without notice or refund, terminate any ongoing membership services to members who abuse our services or staff.

Indemnity

You agree to indemnify and hold harmless AdMail, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in relation to your breach of these Terms or your misuse of the Site, the Apps, the Services, AdMail Content or any Beta Feature. AdMail reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Disclaimer of Warranties and Limitation of Liability

THE SITE, THE APPSS, THE SERVICES, ALL BETA FEATURES AND ALL AdMail CONTENT ARE AVAILABLE "AS IS." AdMail DOES NOT WARRANT THAT THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY AdMail CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY AdMail CONTENT. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES, ANY AdMail CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY AdMail CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY AdMail CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURES OR ANY AdMail CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY BETA FEATURES, THE SERVICES, THE SITE, THE APPS OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE APPS, THE SERVICES AND ANY BETA FEATURES. WE DO NOT GUARANTEE OR WARRANT THAT THE BETA FEATURES, THE SERVICES, THE SITE, THE APPS, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, AdMail, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURE OR ANY AdMail CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

Limitation of Liability in Certain States

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Binding Arbitration

Except for disputes arising from an alleged violation of intellectual property rights, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of Denver, in the State of Colorado, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services ("JAMS") then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in Denver County, in the State of Colorado. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Colorado, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in Colorado. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Colorado with knowledge of Internet commerce in Colorado State shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by AdMail at ITS sole discretion.

Miscellaneous

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Beta Features, Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

ADDITIONAL AUTHORIZATION GIVEN BY YOU TO AdMail

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Contact Information

If you have any questions about this Agreement, please contact us via email at info [at] AdMail dot app or regular mail at the following address:

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