SPAM ARREST TERMS OF SERVICE AGREEMENT
LAST REVISION: May 11, 2012
PLEASE READ THIS SPAM ARREST TERMS OF SERVICE AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Spam Arrest Terms of Service Agreement (the "Agreement") governs the provision of the Services (as defined below) by Spam Arrest LLC ("Spam Arrest") to you.
Spam Arrest reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site (spamarrest.com). Spam Arrest will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Web site. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
There are no refunds for any amount paid under this Agreement except in case of fraud (e.g. identity theft) or as required by law.
I. THE SERVICES
(a) Description. The Services include the blocking of emails from persons sending email to you ("Senders") prior to verification by Spam Arrest and related services (the "Services"). Spam Arrest will send one or more emails to Senders using your email address to verify and, if necessary, to re-verify Senders. Spam Arrest will use commercially reasonable efforts to block emails sent to you by unverified Senders during the Term (as defined below); provided, however, that Spam Arrest shall not provide Services to you if you elect not to pay the Fee (as defined below) following the conclusion of the Trial Period (as defined below). Spam Arrest reserves the right, without liability to you or any other third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Services without notice. In order to facilitate Spam Arrest's provisioning of the Services to you, YOU HEREBY GRANT SPAM ARREST A NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO ACCESS THE EMAIL SERVER YOU DESIGNATE IN YOUR REGISTRATION DATA (DEFINED BELOW) AND COPY ANY EMAILS WITHIN SUCH SERVER AND TRANSFER THEM TO SPAM ARREST SERVERS.
(b) Free Trial Period. Spam Arrest will provide the Services to you for a thirty (30) day period free of charge (the "Trial Period"). The Trial Period will begin on the date you complete the registration process and end on the 30th day after that date.
(c) Six Month Initial Term. The term of this Agreement starts when you click on the “I Agree” button during account registration and continues during the Trial Period and for six months after the end of the Trial Period (the “Initial Term”). Upon the conclusion of the Trial Period, Spam Arrest will bill your credit card or PayPal account on file, without further notice to you, the fees stated on the registration page for the initial six-month term. If no credit card or PayPal account is on file Spam Arrest will notify you that the Trial Period has ended and payment is due.
(d) Automatic Renewal; Subsequent Terms. The Agreement will automatically renew, unless terminated by you thirty (30) days prior to the end of the Initial Term, for an additional six month period, or at your election, another Services period then offered by Spam Arrest, e.g. one month, one year, or two years (each a “Subsequent Term”). Similarly, the Agreement will automatically renew unless terminated by you thirty (30) days prior to the end of any Subsequent Term for a period equal to the current Subsequent Term, or at your election, another Services period then offered by Spam Arrest. The date thirty (30) days prior to the end of either the Initial Term or a Subsequent Term is referred to as the “Renewal Date.”
If you do not elect a Subsequent Term of a different period than your current term, then you agree to pay the same fees as for your current term. If you elect a Subsequent Term for a different period, you agree to pay the fees disclosed by Spam Arrest in connection with that different period.
If the fees for a Subsequent Term of the same duration as your current term (i.e. the Initial Term or the current Subsequent Term) will be greater than the fees charged for your current term, Spam Arrest will notify you seven (7) days prior to the Renewal Date and you may terminate the Services as of the end of the current term instead of renewing.
You authorize Spam Arrest to charge the credit card or PayPal account on file on the Renewal Date for an amount equal to the fees for the Subsequent Term unless you terminate the Services at the time you are notified of a change in the fees, if any, or as provided in Article VII below.
In order for your termination to be effective, you must provide notice by submitting the Cancellation Request Form (http://www.spamarrest.com/members/cancel.jsp). For security purposes, this is the only cancellation method permitted.
(e) Payment. Spam Arrest accepts American Express, Visa, Discover Card, MasterCard and PayPal. If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, Spam Arrest may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the Services. In addition to the foregoing, if you fail to pay any amount under this Agreement when due, you will be charged a $7.50 late fee. Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower. In the event you change your credit card information (e.g., credit card number or expiration date) or cancel the credit card or PayPal account on file with Spam Arrest, you will (1) promptly advise Spam Arrest of the change and provide an updated credit card or PayPal account that can be charged by Spam Arrest, and (2) pay any amount due to Spam Arrest for the Services.
(f) Termination of Agreement Following Trial Period. If you decline to continue the Services during the Trial Period, you will not be charged for the Services. However, you will be charged for fees to use the Service until such time as either you or Spam Arrest terminates this Agreement. If you wish to terminate this Agreement during the Trial Period, you must submit the Cancellation Request Form (http://www.spamarrest.com/members/cancel.jsp) as this is the only method permitted to cancel the service for security purposes, as mentioned in paragraph (c).
(g) Unverified Message Fee. The first 100,000 unverified email messages stored per month are included with the Services. You agree that Spam Arrest may charge a fee of $0.25 for each additional 1000 messages, with a minimum fee of $0.25. You authorize Spam Arrest to charge this fee using the payment method you provided upon registration. Unverified Messages are messages stored in your Unverified Message Folder during a given month.
(h) Mail Storage Fee Every account includes 1GB (1024MB) of Mail Storage Quota. You agree that Spam Arrest may charge a fee of $1.50 per additional GB per month, with a minimum charge of $1.50. You will be notified by email when your account reaches 95% of its storage limit -- this will allow you to take any necessary steps to avoid exceeding the Mail Storage Quota. The notification email process is simply a courtesy, and does not relieve you of the responsibility for monitoring your own storage use. You authorize Spam Arrest to charge this fee using the payment method you provided upon registration.
II. YOUR REGISTRATION AND ACCOUNT
(a) Registration Obligations. In consideration for use of the Services, and to permit the creation of a Services account, you must provide Spam Arrest with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide: (1) is true, accurate, current, and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. Spam Arrest reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if Spam Arrest, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current, or incomplete.
(b) Additional Information Collected During Registration. As part of the registration process Spam Arrest's software may automatically collect certain information from your computer (including your Internet address, browser type, operating software, computer language and email type and other computer registry information). You will allow the Spam Arrest software to obtain this information and not to manipulate or falsify such information.
(c) Account Security. You will select a user name and password during the registration process. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password whether or not authorized by you. You will immediately notify Spam Arrest of any unauthorized use of your user name and password or any other breach of security. Spam Arrest cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
III. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
(a) Compliance With Laws, Regulations and Requirements. You will not use the Services for illegal purposes but will abide by and comply with (1) all applicable local, state, national, and international laws and regulations in your use of the Services (including laws regarding the transmission of technical data exported from the United States), and (2) all requirements, procedures, policies and regulations of networks connected to the Services.
(b) Non-Interference. You will not interfere with or disrupt (a) the use and enjoyment of the Services by other users; or (b) the Services or servers or networks connected to the Services (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Services).
(c) Excessive Use. You acknowledge that excessive use of network bandwidth or electronic storage associated with the Services risks degrading the quality of the Spam Arrest Services for other users or imposing undue costs on Spam Arrest. Spam Arrest may terminate or place reasonable restrictions on Your use of the Services if it determines, in its sole discretion, that your use of the Services is excessive. But in no circumstances will your use of the Services be deemed excessive if your use does not exceed the bandwidth and storage thresholds established in Section I.(g) and Section I.(h).
(d) Resale of the Service. You will not resell the Services or the use of or access to the Services. This restriction does not apply to either the API or Enterprise products.
(e) Report of Abuse. You will report any violations of the terms of this Agreement by other users of the Services of which you become aware by contacting Spam Arrest at firstname.lastname@example.org.
(f) Contacting Senders. You acknowledge that Spam Arrest may contact any Senders (including prior Senders listed in your email server or inbox) on your behalf in order to facilitate the provisioning of the services or in connection with Claims under Article XIII.
(g) All Undesired E-Mails May Not Be Blocked. You acknowledge that the Services are not guaranteed to block all undesired email from Senders and that you may continue to receive such emails. Further, you understand and acknowledge that despite the exercise of commercially reasonable efforts on the part of Spam Arrest, your emails may be delayed or inadvertently lost.
(h) Account Disputes and Unacceptability of Chargebacks. If you have a question about charges made to your account, please contact Spam Arrest immediately. You may request that Spam Arrest refund charges to your charge, credit or debit cards. Spam Arrest will review such request and respond within five (5) business days. However, you acknowledge and agree that chargebacks requested through your issuing bank are an unacceptable charge dispute resolution method. If you dispute the credit card charge that Spam Arrest charges for its services, Spam Arrest reserves the right to suspend your account as soon as Spam Arrest is informed of it. You agree to immediately pay to Spam Arrest any chargebacks of amounts originally charged to your charge, credit or debit cards, as well as for fees incurred by Spam Arrest for such chargebacks. Your responsibility for chargebacks and related fees will continue even if you have received the funds, and/or closed your account. Any chargeback fees, past due fees and costs will be sent to collections. If Spam Arrest's collection efforts fail, unpaid debts may be reported to the State of Washington, all available credit reporting agencies and Internet fraud databases.
IV. SPAM ARREST PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information presented to you through the Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Spam Arrest is a trademark owned by Spam Arrest. All other trademark and service marks appearing on Spam Arrest’s Web site are the property of their respective owners. Except as expressly authorized by Spam Arrest, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. Spam Arrest.
Spam Arrest grants you a personal, non-transferable and non-exclusive right and license to use the Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Spam Arrest for use in accessing the Services.
V. THIRD PARTY LINKS; ACCOUNT ACCESS
(a) Third Party Links. Spam Arrest is not responsible in any way for, and does not guaranty the availability of third party Web sites and resources which may be accessed through the Spam Arrest Web site or emails you receive in connection with the Services. In addition, Spam Arrest does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. Spam Arrest will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.
(b) Infringer Policy. If you believe that any material available through the Spam Arrest Web site infringes your copyrighted work, please provide Spam Arrest’s Designated Copyright Agent, the following information:
1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Spam Arrest Web site or the Services;
4. Your address, telephone number, and email address;
5. A 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;
6. 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 above information should be sent in writing to Spam Arrest’s Designated Copyright Agent at:
Spam Arrest, LLC
c/o Newman Du Wors LLP
1201 Third Avenue, Suite 1600
Seattle, WA 98101 USA
VI. YOUR PRIVACY
Spam Arrest believes strongly in protecting user privacy and providing you with notice of Spam Arrest's use of data, including personally identifying information, collected on the Spam Arrest Web site. Unless required to provide the Services to you, to bring Claims as described in Article XIII, or to comply with a legal obligation, Spam Arrest will not disclose your personally identifiable information to third parties without your express permission. Additionally, Spam Arrest will not disclose your email address, or the email addresses of individuals sending you emails, to direct marketers. Please refer to the current Spam Arrest Privacy Statement for information regarding how Spam Arrest uses and collects information set forth on the Spam Arrest Web site at spamarrest.com.
(a) By Spam Arrest. Spam Arrest may terminate this Agreement or any part of the Services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from Spam Arrest concerning the accuracy or completeness of the information referred to in Article II of this Agreement, or if Spam Arrest determines in its sole discretion that you have violated this Agreement, including any violations of your obligations in Article III, above.
(b) By Notice Prior to End of Term. Either party may terminate this Agreement by giving thirty (30) days' notice prior to the conclusion of the Term. In this case, the termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide notice by completing the Cancellation Request Form (http://www.spamarrest.com/members/cancel.jsp) found on the Spam Arrest Web site. Spam Arrest will cease charging your credit card, if applicable, upon the effective date of the termination.
(c) Effect of Termination. You will not receive any refund for payments already made by you as of the date of termination. If termination of this Agreement is due to your breach, you will bear all costs of such termination, including any reasonable costs Spam Arrest incurs in closing your account. You will pay any and all costs incurred by Spam Arrest in enforcing your compliance with this Agreement. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Upon termination for any reason or upon your failure to continue past the Trial Period, regardless of whether a subsequent termination occurs, Spam Arrest may delete or retain all or part of the information related to you on the Services in its sole discretion.
You will release, indemnify, defend and hold harmless Spam Arrest, and any of its contractors, agents, attorneys, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of: (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Services or your use of such Services; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any of the provisions of this Agreement; or (5) any information or data you supplied to Spam Arrest, including, without limitation, any incorrect information in your Registration Data. When Spam Arrest is threatened with suit or sued by a third party, Spam Arrest may seek written assurances from you concerning your promise to indemnify Spam Arrest; your failure to provide those assurances may be considered by Spam Arrest to be a material breach of this Agreement. Spam Arrest will have the right to participate in any defense by you of a third-party claim related to your use of any of the Services, with counsel of Spam Arrest's choice at its expense. Spam Arrest will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Spam Arrest against any claim, but you must receive Spam Arrest's prior written consent regarding any related settlement.
IX. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPAM ARREST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, ANY RESULTS OBTAINED THROUGH THE SERVICES AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPAM ARREST MAKES NO WARRANTY: (1) THAT THE SERVICES WILL SUCCESSFULLY BLOCK ALL UNDESIRED EMAIL; (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; (4) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (5) REGARDING ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA); OR (6) THAT THE SERVICES WILL NOT CAUSE YOUR EMAILS TO BE DELAYED OR INADVERTENTLY LOST.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPAM ARREST OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
X. LIMITATION OF LIABILITY
(a) SPAM ARREST'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID TO SPAM ARREST FOR THE SERVICES.
(b) SPAM ARREST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SPAM ARREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) SPAM ARREST WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT, OR ADVERTENT.
(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XI. NOTICES AND ANNOUNCEMENTS
You authorize Spam Arrest to notify you of information that Spam Arrest deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices to Spam Arrest shall be delivered to Spam Arrest LLC, Attention: Legal, 7683 SE 27th Street PMB 273 Mercer Island WA 98040. All notices to you will be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement). Spam Arrest may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on the Spam Arrest Web site. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.
XII. AGREEMENT TO BE BOUND
By applying for the Services through Spam Arrest's online registration process or otherwise, or by using the Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
XIII. LEGAL ACTIONS AGAINST SENDERS OF UNSOLICITED COMMERCIAL E-MAIL (SPAMMERS).
(a) Assignment of Claims. You hereby assign to Spam Arrest any and all actual or potential actions, claims, liabilities, debts, causes of action, and damages, known or unknown, suspected or unsuspected, you are entitled to on account of or arising out of a Sender’s transmission of unsolicited commercial e-mail to you in connection with your use of the Services ("Claims"). It is understood that this assignment includes, but is not limited to, any claims arising out of a Sender's violation of RCW 19.190.020, and any other similar federal, state, or local statute, law, regulation or case law as well as any Spam Arrest policies, including but not limited to the Sender Agreement with which Senders must agree as a condition of sending email to you through the Services.
(b) Power of Attorney. You hereby irrevocably designate and appoint Spam Arrest and its duly authorized officers and agents, as your agent and attorney-in-fact with full power of substitution to act for and on your behalf and instead of you, to execute and file any such document or documents and to do all other lawfully permitted acts to further the purposes of Spam Arrest pursuing the Claims.
(c) Cooperation. Spam Arrest shall have full responsibility for, and shall control all aspects of any Claims, including, but not limited to, selecting legal counsel of its choice and deciding whether and upon what terms to settle such Claims. You agree to cooperate with Spam Arrest and execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary for Spam Arrest to pursue and maintain any Claims. The costs and expenses of any Claims (including attorneys' fees) shall be borne by Spam Arrest except as provided under Section XIII(d), below.
(d) Awards. Any award paid by third parties as a result of such Claims (whether by way of settlement or otherwise) shall be applied first to reimburse Spam Arrest for all costs and expenses incurred by Spam Arrest with respect to the Claims (including attorneys' fees) and after such reimbursement if any funds shall remain from such award, they shall be allocated equitably among, in Spam Arrest’s sole discretion: (i) you, but only if you are currently a paid Spam Arrest customer at the time of the award; (ii) other current Spam Arrest customers whose Claims relate to the same award, and (iii) Spam Arrest. In order to be eligible for an award, you must timely comply with any instructions and conditions provided to you by Spam Arrest regarding the award.
(a) Entire Agreement. This Agreement comprises the entire agreement among you and Spam Arrest and supersedes any prior agreements pertaining to the subject matter contained herein.
(b) Effect of Waiver. The failure of Spam Arrest to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(c) Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved exclusively by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. You further agree that (i) the arbitration will be held in Seattle, Washington; (ii) the arbitrator shall apply the law of the State of Washington; (iii) you waive any right to proceed in arbitration on a class or representative basis; arbitration can resolve only claims between you and Spam Arrest; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (iv) all parts of this clause are severable, meaning that if any part is deemed unenforceable, the remainder of the clause will remain in effect and construed in accordance with its terms.
(d) Governing Law. This Agreement will be governed by the laws of the State of Washington without regard to its conflict of law principles to the contrary except that the Arbitration provision above shall be governed by the Federal Arbitration Act
(e) Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Construction. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect.
(g) Heading. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.
(h) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, Spam Arrest may immediately terminate this Agreement.
(i) Survival. In the event this Agreement terminates as provided herein, Articles III, IV, V, VI, VII, VIII, IX, X, XII, XIII and XIV of this Agreement will survive termination.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.