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Terms of Use and End User License Agreement

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use and End User License Agreement, along with any Terms of Offer appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of our websites, products and services as described herein under DESCRIPTION OF OFFERED SERVICES (collectively, the “Services” or “Service”). YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND END USER LICENSE AGREEMENT, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, "TOU/EULA").

The Service is owned by Inbox.com, Inc., with a mailing address of 999 West Yamato Road, Suite 100, Boca Raton, FL 33431-4478 (which may be referred to herein as “Inbox.com,” “we,” or “us”).

We may change any of the terms contained in the TOU/EULA at any time by posting the revised TOU/EULA on this website. If we revise the TOU/EULA, such revision shall be effective thirty (30) days after posting the new TOU/EULA on this site. You are responsible for periodically reviewing changes to this TOU/EULA, which you can do by clicking on the “Terms of Use” or similar link. You agree that your continued use of the Service following any changes to this TOU/EULA and after the changes take effect will constitute your acceptance of such changes and your intention to be bound by this TOU/EULA. If you do not agree to such changes to the TOU/EULA, your sole remedy is to discontinue use of the Service and to cancel your account. If you do not agree to be bound by this TOU/EULA, you may not use our Services.

DESCRIPTION OF OFFERED SERVICES

The Services described are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only.

Inbox Storage: The ultimate in real-time file synchronization. Synchronize, encrypt and manage your files online between multiple computers or locations, such as work or personal documents, spreadsheets, music, photos, videos, personal files and more. Synchronize your files across multiple computers and devices. Free and paid accounts are available. Inbox Storage is not a primary back up or online data storage service, it is a real-time synchronization service which synchronizes designated files 3-6 times per minute.

Inbox.com Toolbar: Enhance your Internet experience and your computer’s desktop environment with feature-packed, free Inbox.com Toolbar. Includes free plug-ins for Internet security protection, password protection and form-filler, desktop weather, email notifier, download manager, RSS feed reader, screensavers, desktop notes, and more.

Inbox Toolbar: Our custom-themed toolbar is packaged in a choice of popular subjects like music, movies, maps, sports, news and more. Buttons and links are tailored to the user’s favorite theme, linking to relevant information and topics.

Inbox.com Websites:

Inbox.com Website: A customizable portal page with search functions and links leading to timely news and information, can be used as a personal homepage. The website consists of a search engine service with access to the search results of many search providers on the Internet and provides access to free Inbox.com webmail service.

Inbox.com Webmail: Enjoy free webmail service that includes data storage, notes, organizer, photo sharing and easy folder management with spam and virus protection. Standard storage capacity is 5GB for US, CA and UK residents and 2GB for other locations. Upgraded Services: Inbox.com provides daily backup of email and data storage with its Upgraded Services that are purchased for twelve (12) month periods. If the term of Upgraded Services expires without renewal, your account will be downgraded to a free account with the corresponding Default Storage Limit. Any backup previously provided that is in excess of the Default Storage Limit may be lost. If the account has reached or exceeded the Default Storage Limit, no new emails will be received until the account is again below the Default Storage Limit. You will only be able to view, read and delete data currently in your account. Once the account falls below the Default Storage Limit, regular use may resume.

Inbox.com Storage Website: Log in on the website to access your online storage account for backing up or retrieving your data. From your online account, you can manage files and synchronize them across multiple computers and devices. Also from the website, you can download the Inbox Storage software and access support information.

FunPortal.com Website: FunPortal.com website features a huge collection of free downloadable desktop utilities such as screensavers, wallpapers, cursors, games and more.

SERVICES, FEES, TERMINATION, REFUNDS, RETURNS

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.

Inbox.com and Inbox Storage Services:

Inbox.com Webmail, Webmail Storage and other Services: Enjoy free webmail service that includes email data storage, notes, organizer, photo sharing and easy folder management with spam and virus protection. Standard storage capacity is 5GB for US, CA and UK residents and 2GB for other locations. Upgraded Services: Inbox.com provides daily backup of email and data storage with its Upgraded Services that are purchased for twelve (12) month periods. If the term of Upgraded Services expires without renewal, your account will be downgraded to a free account with the corresponding Default Storage Limit. Any backup previously provided that is in excess of the Default Storage Limit may be lost. If the account has reached or exceeded the Default Storage Limit, no new emails will be received until the account is again below the Default Storage Limit. You will only be able to view, read and delete data currently in your account. Once the account falls below the Default Storage Limit, regular use may resume.

When you complete the registration process and/or click the “Download” button for any of our Services, you create an account and agree to be bound to this TOU/EULA. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU/EULA on behalf of the entity, and the authority to bind the entity to this TOU/EULA. To create an account, you must select a unique login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You agree not to provide false information during the registration process and you acknowledge and understand that providing false information is a violation of this TOU/EULA. You are solely responsible for all activity on your account and for the security of your computer system or related system and agree to keep this information secret. DO NOT reveal or share your login or password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use of your account or information by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account and your usage of any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA. If you believe your account has been accessed without your authorization, you must notify us immediately by contacting Customer Support.

By using our Services, you provide us with information, files, and folders that you submit to us. You retain full ownership to your data and files. We do not claim ownership of any content you submit, post, transmit, upload, synchronize, delete or share using our Services. These terms do not grant us any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as described below.

We may request your permission to perform certain functions you ask us to do with your files, for example, hosting your files. This may include product features visible to you, for example, image thumbnails or document previews, or may include design choices we make to technically administer our Services, for example, how we redundantly back up, store, synchronize or delete data. You authorize and give us the permissions necessary for us to perform administration and management functions to provide the Services.

You consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).

You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU/EULA or our enforcement or application of this TOU/EULA; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

By installing and/or using our Services, including Inbox.com software or toolbars or Inbox Storage synchronization software (collectively “software”), you agree to the following:

i. License. We grant you a non-exclusive license to install and use this software solely for personal use and only for the purpose of accessing and using the Service. We and our software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without requesting your approval. We may require the update of software on your computer when new versions of the software are released or new enhancements are available. Updates may occur automatically when you use the Service. Changes to this End User License Agreement may be made at any time and will be posted on the website under Terms of Use. Your continued use of the software will constitute consent to the revised terms. We are under no obligation to support the software, and may at any time suspend or terminate this license and disable the software.

ii. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the software is licensed not sold, and that the software and all rights not expressly granted herein are reserved to us and our licensors/suppliers. We reserve the right to remove or replace any uploaded files of any kind, and assume no liability for lost, deleted or misplaced files or data or any kind.

iii. Governmental Controls. The software and Services hereunder may be subject to controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, or allow access to the software or Services to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the software or Services or access thereto for use in connection with warfare or terrorism of any kind in any country, chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.

Term and Automatic Renewal: For customers who purchase any paid plan associated with our Services, your software license, upgrades and minor releases of the software are free from the original date of license purchase until the end of the initial term you select. After the initial term, software upgrades and software releases are provided to you only if you have renewed your license. IMPORTANT: The automatic renewal at the time of purchase does not require you to take any further action in order to renew your software license. Unless you designate otherwise in your account preferences or opt out with Customer Service, the credit/debit card used for purchase of the initial software license will be charged the then-current license renewal fee, excluding promotional and discount pricing, plus any applicable taxes automatically on or about ten days prior to license expiration unless one of the parties has cancelled the license or provided the other party with notice of its intent not to renew the license at least 30 days prior to the end of the initial term or renewal term. Please note that we reserve the right to charge the then-current annual license renewal fee to your credit/debit card in increments (quarterly in 4 equal installments, semi-annual in 2 equal installments, etc.). The renewal term of the license shall be for the period selected by you when you purchased the initial license. You can opt out of the automatic license renewal any time by contacting Customer Support. Except as provided below, upon expiration of your license, if you choose not to renew or upgrade your account, your account will be cancelled at the natural termination of your account term, and all stored, saved, synchronized, or otherwise archived data or information is subject to forfeiture. Notwithstanding the foregoing, we may at any time (without prejudice to our other rights or remedies) terminate the automatic license renewal in whole or in part.

If you signed up for a paid account for any of our Services, you agree to pay the then current and applicable account fees. You agree that we will automatically renew your account and automatically charge you the then current renewal fees for such renewed account using the credit card associated with your account for any fees due. Upon any non-renewal, termination, or expiration of your account to the paid Inbox Storage Service or any of our paid Services (i) the license granted herein by us will automatically terminate at the end of the paid billing period and you and any users you authorized will have no further right to possess the software or use the Services, (ii) the Services may be disabled by us upon such an account termination without notice to you, and (iii) you will no longer have the right to access or retrieve your backed-up data using any of the Services. You acknowledge and agree that our policy is to automatically delete all of your backed-up data and information and accounts upon non-renewal, termination, or expiration of your account and that it is solely your responsibility to seek another source for your backup and other needs.

The applicable term for paid accounts can be month-to-month, yearly, or another duration described in the account features for your account. For free accounts, the applicable term is for the duration of your free account. Paid accounts are subject to fees based upon the account type you've selected.

Fees paid for an account of the Inbox Storage Service are prepaid and non- refundable. INBOX DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. Inbox Storage accounts on paid plans include data mirroring which maintains data on an additional server for fast recovery in case of hardware failure of the main server. Free accounts do not have data mirroring and in case of hardware failure, some data loss may occur on the server. However, if lost files are still stored on your computer and they are selected for synchronization, they will be uploaded to the server again during the next synchronization operation. Inbox Storage saves a copy of each file that is automatically selected for synchronization and other files you designate for synchronization to a server operated by us or our agent. Inbox Storage automatically scans for changes or additions to the synchronized and stored data and then periodically re-saves a copy of a modified file or creates a copy of a newly designated file. Inbox Storage does not maintain multiple copies of your backed-up data. Deleted files on your computer are stored in your Recycle bin on your computer Desktop. These files may be un-deleted using your Recycle bin procedures. Files deleted using the Inbox Storage interface can be recovered for up to 30 days. Files older than 30 days will be permanently deleted and are not recoverable.

Trials: If you sign up for a trial, you are entitled to a full license version of the software for the trial period disclosed in the offer. After the trial period ends, the license fee will be charged or debited to the credit or debit card you provided at the time you signed up for the trial. Subsequent renewal of your license is covered by the paragraph above entitled Term and Automatic Renewal. During the trial period, you may cancel your license at any time by contacting Customer Support and if you cancel before the end of the trial period, you will not be billed for the license fee.

After setting up your account and downloading our Inbox Storage synchronization software, you can select the files and folders you want to sync and/or store. You can change the files and folders you want to sync or store whenever you want.

Cancellation/Uninstall Procedures: If you decide that you no longer wish to use Inbox Storage synchronization tools and software or any of our software, you can uninstall the software by using the add/remove function within Windows®. Free user accounts on Inbox.com Webmail, will automatically cancel after 90 days of non-use by the account holder. Paid user accounts on Inbox.com Webmail will automatically cancel 90 days after the paid service expires. If you choose to cancel your Inbox Storage paid account, you can continue to have access to the service through the end of the paid billing period. After cancellation of your Inbox Storage account, we have no obligation to provide you with a copy of your data and may remove and discard any data. This TOU/EULA will automatically terminate when you cancel your account or when we no longer provide the Services.

Synchronization: Your backed-up or synchronized data may not be available or restorable if: (i) Inbox Storage has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up or synchronized, you do not manually select them for backup or synchronization, or you unselect a file for backup or synchronization; (iii) you delete a file using the website user interface which deletes the file from the server, or you delete a computer from your Inbox Storage account; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or synchronization or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the Internet or Inbox Storage servers; (vi) you fail to follow Inbox Storage's technical requirements, including upgrading the version of your Inbox Storage product as required; or (vii) you terminate your license or fail to renew your subscription to the Inbox Storage Service. Inbox Storage synchronizes the files that you have selected and directed be synchronized. The following common files cannot be synchronized:

i) System Files or Folders will not synchronize
ii) Open files will not synchronize
iii) Hidden files will not synchronize
iv) Applications and Programs will not synchronize

While most files not fitting the above categories may be synchronized, some files may have corrupted files located within them and may not synchronize properly or may further corrupt your date, files or information.

Files which are open or operating or being accessed at the time of synchronization are not accessible for real-time synchronization and will not synchronize. We are not liable or responsible for any such file corruption or non-synchronization of any files or data, or any resulting damages or other problems to your computers, files, data, information or other items.

We disclaim any responsibility related to files uploaded or transmitted and synchronized by you or other users. By uploading or transmitting and synchronizing your files, you are assuming full responsibility for the consequences of doing so.

You are solely responsible for any and all conduct in entering, altering, deleting, modifying, sending or retrieving files, data, text information, screen names, graphics, photos, profiles, audiovisual clips, or any other content submitted, posted, displayed, transmitted, synchronized or shared using your User Identification, including login, password and your account with us.

You are solely responsible for maintaining the confidentiality of your account, user name and password and you are solely responsible and liable for any and all activities that occur with respect to your account. Compromise of your username and/or password may compromise the security of your backed-up data. Inbox Storage security features include safeguards designed to protect your backed-up data including data encryption and secure transfers to our data centers. Your backed-up data is accessible by supplying your valid login credentials via (i) an Internet enabled computer using the website user interface, or (ii) certain software applications, including mobile device applications. You acknowledge that if you wish to protect your transmission of data or files to Inbox Storage, it is your responsibility to use a secure encrypted connection to communicate with the Services. PLEASE NOTE: When synchronizing files from a mobile device, charges for additional bandwidth used may be incurred depending on your service plan with your mobile device provider. We have no control over your service plan with your third party service provider and are not responsible or liable for any such additional charges which may be incurred.

Security: Although we make commercially reasonable efforts to store your personal information and backed-up data in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee complete security. We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. By using such products and services, you knowingly accept this risk.

PLEASE NOTE: If your account is terminated for any reason, including but not limited to non-payment, non-renewal, failure to comply with or violation of this TOU/EULA, discontinuation of Services by us, cancellation or expiration or any other reason, you understand, acknowledge and agree that it is our policy to automatically purge all backed-up files in your account after any such termination, cancellation or other non-renewal of your account. You agree to hold us harmless and agree that it is your sole responsibility to secure an alternate source for your backup needs.

INTELLECTUAL PROPERTY RIGHTS/LICENSE

The Service is controlled and operated by us. The Service, and all materials accessible through the Services, including websites, website content and information, graphics, code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:

Designated Agent for DCMA Notices
Inbox.com
c/o Walter Messick, Esq.
1900 Corporate Blvd, Suite 101 West
Boca Raton, Florida 33431

If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

A physical or electronic signature of the person authorized to act on behalf the copyright owner;
Identification or description of the copyrighted work you claim has been infringed;
Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
Your address, telephone number, and email address;
A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

Trademarks. “Inbox,” “Inbox.com,” “Inbox Storage,” “Inbox.com Webmail,” and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

ACCEPTABLE USE POLICY
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU/EULA.

For example, you may not use the Services to create, synchronize, back up, submit, transmit, distribute, provide access to or store any files, information or material that:

Violates a trademark, copyright, trade secret or other intellectual property rights of others
Violates the privacy, publicity or other personal rights of others
Impairs the privacy of communications
Contains obscene, offensive, illegal or inappropriate content
Constitutes pornography
May be considered threatening, abusive or hateful or promoting such behaviors
Violates export control laws or regulations
Encourages conduct that would constitute a criminal offense or give rise to civil liability
Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
Assists or permits any persons in engaging in any of the activities described above
Involves deceptive on-line marketing

If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.

We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU/EULA and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

We may report any activity, synchronization, backup, storage, distribution or other activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials or other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure.

INDEMNIFICATION

You agree to indemnify us, defend us and hold us harmless as well as our affiliates, and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney's fees, arising from or in any way related to any breach of this TOU/EULA or any use by you of the Services, or by any other person using the Services through you or using your computer, or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.

NO WARRANTY

YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU/EULA OR THE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.

General Provisions

By using the Service, You:

agree that the substantive laws of the American Arbitration Association or the State of Florida as applicable, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.
agree that you may not assign any or all of your rights and obligations under this TOU/EULA without our prior written consent, which may be withheld in our sole discretion.
agree that all provisions of this TOU/EULA relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
agree that nothing in this TOU/EULA shall be deemed to convey any third party rights or benefits;
agree that except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
agree that if any portion of this TOU/EULA is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;
agree that no waiver of any breach of any agreement or provision of this TOU/EULA, nor any failure to assert any right or privilege contained in this TOU/EULA, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision; and
agree that this TOU/EULA (including all policies, notices and other terms incorporated into this TOU/EULA by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

All parties and/or users agreeing to this TOU/EULA agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the State of Florida or the American Arbitration Association as applicable. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.

All parties and/or users agreeing to this TOU/EULA agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:

i) All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to us. All parties and users agree that these limitations are reasonable.

ii) All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.

iii) We may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.

Last Updated: April 26, 2012

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