You
and the Site agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
You
acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property.
We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall
be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary
right in your Submissions.
11.
U.S. GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in
Federal Acquisition Regulation (“FAR”) 2.101. If
our services are acquired by or on behalf of any
agency not within the Department of Defense
(“DOD”), our services are subject to the terms
of these
Terms of Service
in accordance with FAR 12.212 (for computer
software) and FAR 12.211 (for technical data).
If our services are acquired by or on behalf of
any agency within the Department of Defense, our
services are subject to the terms of these
Terms of Service
in accordance with Defense Federal Acquisition
Regulation (“DFARS”) 227.7202-
3.
In addition, DFARS
252.227-7015
applies to technical data acquired by the DOD.
This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFARS, or
other clause or provision that addresses
government rights in computer software or
technical data under these
Terms of Service
.
We
reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these
Terms of Service
; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these
Terms of Service
,
including without
limitation, reporting such user to law enforcement
authorities; (3) in our sole
discretion and without limitation, refuse, restrict
access to, limit the
availability of, or disable (to the extent
technologically feasible) any of
your Contributions or any portion thereof; (4) in our
sole discretion and
without limitation, notice, or liability, to remove from
the Site or otherwise
disable all files and content that are excessive in size
or are in any way
burdensome to our systems; and (5) otherwise manage the
Site in a manner
designed to protect our rights and property and to
facilitate the proper
functioning of the Site.
We
care about data privacy and
security. Please review our
Privacy Policy:
lessmail.io/privacy
. By using the Site,
you agree to be bound by our
Privacy Policy, which is
incorporated into these
Terms of
Service
. Please be advised the
Site is hosted in
the
United States
. If you access the Site
from any other region of the
world with laws or other
requirements governing personal
data collection, use, or
disclosure that differ from
applicable laws in
the
United States
, then through your
continued use of the Site,
you
are transferring your data to
the
United States
, and you agree to have
your data transferred to and
processed in
the
United States
.
These
Terms of Service
shall
remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE
, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE
TERMS OF SERVICE
OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate
or suspend your account for any reason, you are
prohibited from registering and
creating a new account under your name, a fake
or borrowed name, or the name of
any third party, even if you may be acting on
behalf of the third party. In
addition to terminating or suspending your
account, we reserve the right to
take appropriate legal action, including without
limitation pursuing civil,
criminal, and injunctive redress.
15.
MODIFICATIONS AND
INTERRUPTIONS
We
reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site.
We
cannot guarantee the Site will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the
Site. Nothing in these
Terms of Service
will be
construed to obligate us to maintain and support the
Site or to supply any corrections, updates, or releases
in connection therewith.
These
Terms of Service
and your
use of the Site are governed by and construed in
accordance with the laws of
the State
of
Florida
applicable
to agreements made and to be entirely performed within
the State
of
Florida
, without regard to its conflict of law
principles.
To expedite resolution
and control the cost of any dispute, controversy, or claim
related to these
Terms of Service
(each "Dispute"
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
If the
Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA
website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place
in
Pinellas
,
Florida
. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason,
a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in
Pinellas County,
Florida
, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these
Terms of Service
.
In no event shall any Dispute
brought by either Party related in any way to the Site be commenced more than
one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
18. CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
19. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN
NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO
THE
AMOUNT
PAID,
IF ANY,
BY YOU
TO
US
DURING
THE
SIX
(6)
MONTH
PERIOD
PRIOR TO
ANY
CAUSE OF
ACTION
ARISING
.
CERTAIN
US
STATE
LAWS
AND
INTERNATIONAL
LAWS
DO
NOT
ALLOW
LIMITATIONS
ON
IMPLIED
WARRANTIES
OR
THE
EXCLUSION
OR
LIMITATION
OF
CERTAIN
DAMAGES.
IF
THESE
LAWS
APPLY
TO
YOU,
SOME
OR
ALL
OF
THE
ABOVE
DISCLAIMERS
OR
LIMITATIONS
MAY
NOT
APPLY
TO
YOU,
AND
YOU
MAY
HAVE
ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these
Terms of Service
; (3) any breach of your representations and
warranties set forth in these
Terms of Service
; (4) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware
of it.
22. USER DATA
We
will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending
us emails, and completing online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
24. CALIFORNIA USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These
Terms of Service
and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Service
shall not operate as a waiver of such right or
provision. These
Terms of Service
operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these
Terms of Service
is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Terms of Service
and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these
Terms of Service
or use of the Site. You agree that these
Terms of Service
will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these
Terms of Service
and the lack of signing by the parties hereto to
execute these
Terms of Service
.
26. CONTACT US
In
order
to resolve a complaint regarding the Site or to receive further information regarding
use of the Site, please contact us at:
Lessmail, LLC.
33 6th St S, St. Petersburg, FL 33701, USA
St. Petersburg
, FL
33701
United States
Phone: (+1)7275105152
support@lessmail.io