- You agree to pay for the Services you use, and the Services will automatically renew and you will be charged until you cancel.
- To avoid being charged for a renewal, you must cancel at least three (3) business days before the renewal date.
- We disclaim warranties and liability to you if the Services do not work as intended.
- If we have a dispute we can’t work out and dispute resolution becomes necessary, we will resolve the dispute in binding arbitration and you will not use a class action or other mechanism to join your claims with the claims of others.
2. General Provisions
SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF
THIS SITE (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS
GOVERNING YOUR USE OF THE SITE AND SERVICES.
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. If a change to these Terms is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior the effective date of the change via a post on the Site and/or email to you. By entering the Site or using the Services after the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms and/or Site or Services. We suggest periodically visiting this page of the Site to review these Terms.
The Services integrate with certain third-party applications such as the payment processing company PayPal and uniform login providers Google and Facebook. You agree that if you provide us with credentials to access and integrate your account with a third-party application we may use such credentials as needed to provide you the Site and/or Services.
You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and Services. You must maintain a current up-to-date email address, mailing address, and phone number associated with your account at all times. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them in an effort to defraud, harm, or impersonate another person.
3. Password and Account Security
You may create your own login information on the Site by completing
the online registration process. In doing so, you must provide us with
accurate and complete registration information, and update it if this
information changes. You agree that you will not register under the name
of another person, choose a username that is vulgar, profane or
otherwise offensive, choose a username that impersonates or suggests
representation of another person or entity, or choose a username that
includes a solicitation.
If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
4. Billing, Payment, Cancellation
- Subscription Plans. We offer subscription plans that allow you to use certain features of the Site and/or Services such as providing your contact preferences to businesses and governmental agencies. We may offer different variations of plans and payment options. You agree to carefully read the disclosures provided to you prior to purchase regarding the features of the Site and/or Services that you will receive access to as part of your subscription. There is no minimum purchase obligation.
- Automatic Renewal. Your plan subscription will continue and automatically renew until cancelled by you or us. We currently offer plans with two different automatic renewing schedules: every six months and annually. We will charge your payment method on the renewal date the then-current price plus service charges. If the renewal date occurs on a weekend or holiday, we will charge your payment method on the first business day after the weekend or holiday. To avoid being charged for renewal, you must cancel your subscription at least three (3) business days prior to your renewal date.
- Free/Reduced Cost Trial Period. Your plan may begin a free or reduced cost trial period. At the end of the trial period your plan will automatically renew at the then-current standard price (plus tax, if any). To avoid being charged at renewal, you must cancel your subscription at least three (3) business days prior the last day of the trial period.
- Payment Methods. You will be required to place on file with us or our payment processor at least one credit or debit card as a payment method. If your primary payment method is declined or expired, you authorize us to charge any secondary payment method on file. You remain responsible for any uncollected amounts. If payment is not successfully settled due to card expiration, insufficient funds, or otherwise, we may reattempt the charge up to three (3) more times over the following seven (7) days from the original attempt. If payment remains unsuccessful, we may suspend or cancel your subscription. You are responsible for any fees charged to you by your card issuer.
- Cancellation. You may cancel your subscription at any time by visiting your current subscription page and follow the procedures by clicking on the cancel button provided.
- Changes to Price and Plans. We reserve the right to change our subscription plans or adjust pricing for any of our Services at any time in our sole discretion. If we make a material change to the Services or any features of a subscription plan, we will provide notice as described above. If we adjust the price of a subscription plan or Service to which you subscribe, we will notify you via email at least thirty (30) days prior to the effective date of the price change. Unless you cancel, you will be charged the new price beginning at your first renewal after the price change effective date.
- No Refunds. Plan fees are fully earned upon payment and are non-refundable. If you cancel your plan prior to its natural expiration, you will not be entitled to a prorated refund.
5. Communication Guidelines
You agree that you will not use the Site or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Site or Services if we determine, based on our sole discretion, that you violated these Communication Guidelines.
6. User Data
We will maintain certain data that you transmit as part of the Services for purposes of managing the Services and providing the Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Services.
We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.
8. Disclaimer of Warranties
The Site and Services are provided to you on an “AS IS” and “AS
AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES
REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY,
COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED
AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly
disclaim, to the fullest extent permitted by applicable law, any
warranties with respect to any downtime, delays or errors in the
transmission or delivery of any communications, information, materials,
or services through the Site or Services. To the extent any
jurisdiction does not allow the exclusion of certain warranties, some of
the above exclusions may not apply.
Although we contractually require the businesses to whom we provide your communication preferences honor those preferences, we do not guarantee that they will honor your preferences. Further, we do not guarantee that any federal or state agency to whom we provide your request to have a telephone number placed on a do not call registry will in fact honor that request. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.
9. Our Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the
collection and compilation and assembly thereof, and the overall “look
and feel” and distinctiveness of the Site and Services constitute trade
dress and are either our property or used on the Site or Services with
permission. The absence of our name or logo does not constitute a waiver
of our trademark or other intellectual property rights relating to such
name or logo. All other product names, company names, marks, logos, and
symbols appearing on the Site or Services may be the trademarks and the
property of their respective owners.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.
10. Digital Millennium Copyright Act Notice
If you believe that any material on this Site infringes your
copyright rights, please contact our designated agent for Digital
Millennium Copyright Act notices at:
Contact Defender, LLC
Attn: DMCA Manager
14646 North Kierland Blvd.
Scottsdale, AZ 85254
Email address: firstname.lastname@example.org
In your notice, please include:
- Your physical or electronic signature;
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
- Identification of the material that you claim to be infringing, and where the material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
11. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SERVICES DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE.
12. Dispute Resolution
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes (the “Arbitration Rules”). The arbitration shall be conducted in Maricopa County, Arizona before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The decision of the arbitrator will be final without option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided equally between the parties. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
13. Governing Law
The Terms are governed according to the laws of the State of Delaware, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Maricopa County, Arizona.
- Indemnification of Us. You will defend, indemnify, and hold us and our affiliates, officers, directors, owners, employees, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms, including the representations contained herein, by you; (ii) your violation of any applicable law or regulation; or (iii) your gross negligence or willful misconduct.
- Indemnification Procedure. The party seeking indemnification (the “Indemnified Party”) will give prompt written notice to the party from whom indemnification is sought (the “Indemnifying Party”) of any claim for which indemnification is sought under these Terms. Failure to give such notice will not relieve the Indemnifying Party of its obligation to provide indemnification except to the extent that such failure materially adversely affects the ability of the Indemnifying Party to defend the applicable claim. The Indemnifying Party may elect to assume the defense and control of any such claim at its own cost and expense and the Indemnified Party will have the right to be represented by its own counsel at its own cost in such matters. The Indemnifying Party will use counsel reasonably acceptable to the Indemnified Party. Neither the Indemnifying Party, nor the Indemnified Party, will settle or dispose of any such matter in any manner that would adversely affect the rights or interests of the other party, including the payment of money, without the prior written consent of the other party, which will not be unreasonably withheld or delayed. Each party will reasonably cooperate with the other party and its counsel in the course of defense of any claim, such cooperation including, without limitation, providing documents, information, and/or witnesses.
16. Consent for Electronic Communications
We primarily utilize electronic communications to provide information to users of the Site or Services. You consent to receive communications from us in electronic form and agree that these Terms and any other notices, disclosures, or communications provided to you electronically satisfy any legal requirement that such communications be provided to you in writing.
17. Force Majeure
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you.
Contact Defender, LLC
14646 North Kierland Blvd.
Scottsdale, AZ 85254
Email address: email@example.com