Last updated: November 21, 2013
Welcome to ContactUs.com (the “Site”). The following terms and conditions (the “Terms of Service” or “Agreement”) form a binding agreement between you and us. The terms “ContactUs.com”, “us”, “we” or “our” refer to ContactUs.com, Inc., a Delaware corporation which is offering the Services (as defined below). The terms “you” or “your” refer to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
We provide a suite of online and phone-based lead generation, contact management, website analytics and retargeting solutions for websites through our Site at http://www.contactus.com and any other related websites, toolbars, buttons, widgets, applications or other affiliate networks or distribution channels we may, from time to time, operate (collectively, the “Services”). You may use the Services for your personal and business use or for internal business purposes within the organization that you represent.
ACCEPTANCE OF THE TERMS OF SERVICE
By using the Services, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age and older; and (e) your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited. Each User hereby warrants that if it is or represents a corporation or other legal entity, such entity is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement.
In order to open an account with ContactUs.com, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by ContactUs.com during the registration process. You can create an account with us by registering on the Site or by adding our widget or application through other websites. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
LICENSE GRANTS & RESTRICTIONS
ContactUs.com hereby grants you a non-exclusive, non-transferable, worldwide right to access and use ContactUs.com, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit ContactUs.com to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use ContactUs.com. All rights not expressly granted to you are reserved by ContactUs.com. You shall not (i) modify or make derivative works based upon ContactUs.com; (ii) reverse engineer or access ContactUs.com in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of ContactUs.com, or (c) copy any features, functions or graphics of ContactUs.com. You further acknowledge and agree that, as between the parties, ContactUs.com owns all right, title, and interest in and to ContactUs.com, the Site and the Services, including all intellectual property rights therein.
FEES AND SUBSCRIPTION PLANS
Our basic contact form and lead management system is offered to Users free of charge. Additional Services are available to Customers on monthly and yearly subscription plans (“Paid Services”). When you subscribe for Paid Services, the seller of these Services and the party you are contracting with is ContactUs.com, Inc. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Payment Method (as defined below) last used by you. If you would like the payment for the renewal to be made through a different Payment Method or if you do not wish to renew the subscription, you must update your payment information and preferences on the Site prior to the renewal date. We reserve the right to change the subscription fee and to charge for use of Services that are currently available free of charge. Any changes to fees for Paid Services that are not temporary or promotional will be effective immediately after we provide you with notice by posting such changes on the Site. The changes shall only apply prospectively to the Paid Services you have purchased. You will not be charged for using any Service unless you have opted for a Paid Service. Information on the subscription options and charges for all Paid Services is available at: http://www.contactus.com/plans (“Pricing Schedule”). All fees are quoted in U.S. Dollars. ContactUs.com may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User’s subscription. You agree to all of the limitations of service listed on the Pricing Schedule, which are incorporated herein by reference.
On Paid Service accounts, if you exceed the maximum number of form submits, phone leads, SMS notifications or LeadQC qualifications (together, the “Variable Services”) allowed for a given month as indicated in the Pricing Schedule, an aggregate charge based on (i) the per-unit fees for form submits, phone leads, SMS notifications and/or LeadQC qualifications and (ii) the number of units exceeding the monthly limits, may be charged to your account at the end of your billing period. Alternatively, you may also have the option to suspend the use of Variable Services in your account until the next month.
On free accounts, we reserve the right to deactivate forms once you have exceeded the maximum number of form submits allowed for a given month.
DOWNGRADING YOUR CONTACTUS.COM ACCOUNT MAY CAUSE THE LOSS OF CONTENT, FEATURES OR CAPACITY OF YOUR ACCOUNT. CONTACTUS.COM DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
If you purchase Paid Services, you agree to pay all fees, including for any additional Services purchased by you or usage that exceeds the thresholds at the rates posted, as well as any taxes, applicable to such Paid Services, as published in the Pricing Schedule on the Site at https://www.contactus.com/plans from time to time. You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize ContactUs.com to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method”) for all charges to your accounts with ContactUs.com. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. If you have elected to pay the fees referred to in the section of the Site titled “Subscriptions” by credit card, you hereby warrant that the credit card information you have provided is correct, and you shall promptly notify ContactUs.com of any changes to such credit card information. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) ContactUs.com may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) ContactUs.com reserves the right to either suspend or terminate your Paid Services or your account with ContactUs.com, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to ContactUs.com within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
You own all your contacts and content, including text, files, images, photos, videos and the like, which you store on our Services or which you or your visitors provide by using our Services (collectively, “Content”). You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content to the extent needed to provide our Services to you. You furthermore grant us the right to use, reuse, and publish derivative works you build with the Services for our advertising and marketing activities, and you acknowledge that you are not entitled to receive any compensation for such use of Content. The license you grant to ContactUs.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to ContactUs.com), fully-paid and royalty-free (meaning that ContactUs.com is not required to pay you for the use of the Services or the Content that you post), transferable and sublicensable (so that ContactUs.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Services from your visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Services.
You further acknowledge and agree that ContactUs.com does not control the Content originating from your account, submissions to your contact form, or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such Content. Notwithstanding the foregoing, ContactUs.com may review all Content and may block, modify, terminate access to, or remove any such Content that ContactUs.com considers, in its sole discretion, does not comply with any of the requirements of this Agreement but ContactUs.com is not obligated to do so.
ContactUs.com reserves the right to purge Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to the Site by you or received by you through the use of the Services. ContactUs.com shall not be liable for any purging, deletion or failure to retain any such Content.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ContactUs.com may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
USER DATA RIGHTS
You hereby agree not to use, display or share User Data in a manner inconsistent with our Terms of Service and Guidelines. You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant ContactUs.com a license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide to you in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. ContactUs.com is not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. ContactUs.com makes no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that ContactUs.com may terminate the account of any User in accordance with this Agreement.
You agree to follow all local laws governing User Data, cookies and personally identifiable information. You acknowledge that ContactUs.com places cookies, collects personally identifiable information, and captures web tracking information on your website’s visitors. Based on this knowledge, you agree that you are solely responsible for the decision to use or not use the ContactUs.com service.
Permitted Uses of User Data
b. Aggregate Data. We may monitor use of the Service by all of our customers and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any User Data and/or identify you.
c. Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect User Data. You consent to the processing of User Data in the United States.
d. No Sensitive Information. YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION.
You acknowledge that ContactUs.com may terminate the account of any User for engaging in prohibited activities including but not limited to the following:
a) You agree not to use the Services for illegal, unauthorized, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property, privacy or other rights of another.
b) You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
c) You agree to comply with: (i) this Agreement, including ContactUs.com’s anti-spam policy and all other policies as published on the Site from time to time, (ii) all applicable U.S. federal, state, local and international laws, including the CAN-SPAM Act of 2003, and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property or child protective email address registries, (iii) all other rules or regulations applicable to User, and (iv) all privacy policies or similar policies or procedures to which User may be bound that are related to User’s use of the Services.
d) You agree not to attempt to use another user’s account, impersonate any other person, website or entity, misrepresent your affiliation with a person or entity, use a false identity, or otherwise mislead visitors to and respondents of your contact form.
e) You agree not to engage in excessive usage of the Site or the Services, as determined by ContactUs.com in its sole discretion, including usage that adversely affects the speed, responsiveness or functionality of the Site, or disrupts the availability of the Site and the Services for other users.
f) You agree not to take any action that imposes an unreasonable or disproportionately large load on the Site or its network infrastructure.
g) You agree not to attempt to damage, deny service to, hack, crack, reverse engineer or otherwise interfere with the Site or the Services in any manner.
h) You agree not to interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services.
i) You agree not to disrupt or interfere with the security or use of the Services, the Site or any web sites linked to the Site.
j) You agree not to use the Site or the Services to collect, process, or otherwise handle, “Protected Health Information” (as defined in 45 C.F.R. § 160.103) without ContactUs.com’s prior written consent.
k) You agree not to upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
l) You agree not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
m) You agree not to collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site or the Services.
You further acknowledge and agree that ContactUs.com may cooperate with any governmental authority in connection with any investigation into User’s use of the Site or the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the User or to User’s use of the Site or the Services, to such governmental authority in connection with any such investigation.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
INACTIVE USER ACCOUNTS POLICY
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such User account may be deleted. We will provide you prior notice of such termination by email. In the future, we may limit the number of, or eliminate, free contact forms that a User can create and may impose different usage restrictions than currently offered.
By providing ContactUs.com your email address and phone number as a Member, you consent to our using the email address or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or ContactUs.com offers. If you do not want to receive certain email messages and communications, you may opt out by contacting our support team. Customers cannot opt out of receiving transactional emails related to their account with us or the Service. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. ContactUs.com reserves the right to send you notices about your account even if you opt out of all voluntary email and phone notifications.
AVAILABILITY AND INTERNET DELAYS
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, which may be provided by third parties. These factors are not fault-free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error-free.
Google, Inc. provides the map features on ContactUs.com. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.
THIRD PARTY LINKS AND INTERACTIONS
You release ContactUs.com, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. Additionally, ContactUs.com, Users or third parties may provide hyperlinks on the Site or Services, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. ContactUs.com expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Site or Services.
In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable Content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that ContactUs.com will have the right to block access to or remove such Content made available by you, if ContactUs.com receives complaints concerning any illegality or infringement of third party rights in such Content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by ContactUs.com for this purpose.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– a description of the copyrighted work that you claim has been infringed;
– a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
– your address, telephone number, and email address;
– a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by email to ContactUs.com’s Designated Copyright Agent:
Email: doug AT tangolaw.com
c/o ContactUs.com Legal
93 South Jackson St., #85485
Seattle, WA 98104
Fax: (206) 219-6416, Attn: ContactUs.com Legal.
You may review our full DMCA policy here.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that ContactUs.com retains ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement.
ContactUs.com trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of ContactUs.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ContactUs.com.
DISCLAIMER OF WARRANTIES
ContactUs.com cannot guarantee continuous service, service at any particular time, or integrity of data, information or content stored or transmitted via the Internet. ContactUs.com does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
THE MATERIALS, SERVICES, AND PRODUCTS CONTAINED AND OFFERED ON THE SITE OR OTHERWISE BY CONTACTUS.COM ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONTACTUS.COM DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE SITE, THE SERVICES, THE USE OF THE SITE, OR ANY INFORMATION ON THE SITE: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE, SOFTWARE OR WEBSITE(S) YOU USE. ANY WARRANTIES AND REPRESENTATIONS SPECIFICALLY SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, THE SITE, PRODUCTS AND SERVICES, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES HERETO OR BY OPERATION OF LAW, NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON. CONTACTUS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
CONTACTUS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; CONTACTUS.COM FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANYTHING CONTAINED ON THE SITE OR SERVICES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE OR SERVICES; ANY LOSSES OR DAMAGES ARISING FROM RELIANCE ON DATA IN A CONTACTUS.COM ACCOUNT; OR ANY CONDUCT BY USERS OF THE SITE OR SERVICES, EITHER ONLINE OR OFFLINE. CONTACTUS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ALL SERVICES AND PRODUCTS AND ANY THIRD PARTY WEB SITES AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
CONTACTUS.COM DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY THIRD PARTIES. NEITHER THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION PROVIDED WILL BE VERIFIED BY CONTACTUS.COM AND THE USER ASSUMES THE RISK OF SAME. USER IS SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED ON USER’S BEHALF BY CONTACTUS.COM.
CONTACTUS.COM ASSUMES NO LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED INTO THE SITE, THE RISK OF WHICH IS ASSUMED BY YOU.
YOU AGREE THAT CONTACTUS.COM’S ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO THE GREATER OF (I) USD $150.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO CONTACTUS.COM IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED.
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SITE OR SERVICES, MUST BE FILED WITHIN ONE (1) CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.
You agree to indemnify, defend, and hold harmless ContactUs.com, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Company Indemnitees”) from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or relating to:
– any Content you submit, post, transmit, or make available through the Site or Services;
– your use or misuse of the Services;
– your connection to the Services;
– your breach or alleged breach of this Agreement; or
– your violation of any rights (including intellectual property rights) of a third party.
CHANGES TO SERVICES
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on the Site and/or by emailing you. The revised version will be effective at the time we post it to the Site or otherwise notify you. Your continued use of the Services after such posting or notification of the changes constitutes your binding acceptance of such changes.
TERM AND TERMINATION
You may terminate your account and end your use of the Services at any time and for any or no reason. ContactUs.com has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services, (ii) remove and discard any Content within any account or anywhere on the Site or (iii) shut down an account, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. ContactUs.com’s rights survive the termination of this Agreement.
GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by the laws of the State of New York without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
If either ContactUs.com or you want to arbitrate a dispute, ContactUs.com and you each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address that you provided us and notice to us will be sent to: 3250 NE 1st Avenue, #915, Miami, Florida 33137. ContactUs.com and you each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate. Thereafter, either ContactUs.com or you may submit the dispute to formal arbitration.
Both you and ContactUs.com each agree not to pursue arbitration on a consolidated or classwide basis. Both you and ContactUs.com each agree that any arbitration will be solely between you and ContactUs.com (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
CANCELLATION & REFUND POLICY
ContactUs.com charges nothing for free subscriptions. To cancel a Premium account for ContactUs.com, please update your payment settings on your account at ContactUs.com. Refunds will only be provided for Customers who have purchased annual subscription plans and have time left on such plans. Within 24-72 hours of our receipt of your request, you will receive a refund for the remaining balance of your deposited funds with ContactUs.com. There will be no refunds or credits for past or partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. In the event of a cancellation of a Premium account, ContactUs.com will have no further obligations to Customer, including, but not limited to, porting of phone numbers.
The failure of ContactUs.com to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. ContactUs.com may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and ContactUs.com and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and ContactUs.com regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
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