September 20th, 2009
AddyMate, Inc. (“AddyMate” or “we”) operates AddyMate.com,
which is a contact management and communications platform that allows Members
to create unique personal profiles and an electronic address book online in
order to store contact information about and communicate with people known to
them. The services offered by AddyMate include any AddyMate-branded URL (the
"AddyMate Website"), AddyMate messaging services (including, without
limitation, private messaging, mobile text messaging, and email messages), AddyMate
mobile services, and any other features, content, or applications offered from
time to time by AddyMate in connection with AddyMate´s
business (collectively, the "AddyMate Services"). The AddyMate
Services are hosted in the United States.
This Terms of Service Agreement, as may be modified from
time to time, ("Agreement") constitutes legally binding terms and
applies to your use of the AddyMate Services. By accessing and/or using the AddyMate
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the AddyMate Services,
including, without limitation, through a mobile or other
wireless device, or otherwise use the AddyMate Services without being
registered) or you are a "Member" (which means that you have
registered with AddyMate). The term "User" refers to a Visitor or a
Member. You are authorized to use the AddyMate Services (regardless of whether
your access or use is intended) only if you agree to abide by all applicable
laws, rules and regulations (“Applicable Law”) and the terms of this Agreement.
In addition, in consideration for becoming a Member and/or making use of the AddyMate
Services, you must indicate your acceptance of this Agreement during the
registration process.
AddyMate reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the AddyMate Services. All material modifications will apply prospectively only. Your continued use of the AddyMate Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the AddyMate Services immediately. You may receive a copy of this Agreement by emailing us at:info@AddyMate.com, Subject: Terms of Service Agreement.
1. Eligibility. Use of the AddyMate Services and registration to be a Member for the AddyMate Services (“Membership”) is void where prohibited. By using the AddyMate Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the AddyMate Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This
Agreement, and any posted revision to this Agreement, shall remain in full
force and effect while you use the AddyMate Services or are a Member. You may
terminate your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. AddyMate may terminate your
Membership at any time, for any or no reason, with or without prior notice or
explanation, and without liability. Furthermore, AddyMate reserves the right,
in its sole discretion, to reject, refuse to post or remove any posting
(including, without limitation, private messages, mobile text messages, and
email messages (collectively, “messages”)) by you, or to deny, restrict,
suspend, or terminate your access to all or any part of the AddyMate Services
at any time, for any or no reason, with or without prior notice or explanation,
and without liability. In addition, AddyMate reserves the right, in its sole
discretion, to reassign or rename your profile URL. AddyMate expressly reserves
the right to remove your profile and/or deny, restrict, suspend, or terminate
your access to all or any part of the AddyMate Services if AddyMate determines,
in its sole discretion, that you have violated this Agreement or pose a threat
to AddyMate, its employees, business partners, Users and/or the public. Even
after Membership is terminated, this Agreement will remain in effect,
including, without limitation, Sections 5 through 18.
3. Fees. You acknowledge that AddyMate reserves the right to charge for any portion of the AddyMate Services and to change its fees (if any) from time to time in its discretion. If AddyMate terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify AddyMate immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The AddyMate Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by AddyMate. AddyMate reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the AddyMate Services, including, without limitation, collecting user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AddyMate Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. AddyMate reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the AddyMate Services.
6. Proprietary Rights
in Content on AddyMate.
6.1 AddyMate does not claim any ownership rights in the
text, images, photos, applications, or any other materials (collectively,
"Content") that you transmit, submit, or display (“post”) on, through
or in connection with the AddyMate Services. After posting your Content on,
through or in connection with the AddyMate Services, you continue to retain any
such rights that you may have in your Content, subject to the limited license
herein. By posting any Content on, through or in connection with the AddyMate
Services, you hereby grant to AddyMate a limited license to use, modify, delete
from, add to, publicly perform, publicly display, reproduce, and distribute
such Content solely on, through or in connection with the AddyMate Services,
including, without limitation, through the AddyMate Services to applications,
widgets, websites or mobile, desktop or other services which are linked with
your AddyMate account (collectively, “Linked Services”), including, without
limitation, distributing part or all of the AddyMate Services and any Content
included therein, in any media formats and through any media channels, except
that Content marked “private” will not be distributed by AddyMate outside the AddyMate
Services and Linked Services. This limited license does not grant AddyMate the
right to sell or otherwise distribute your Content outside of the AddyMate
Services or Linked Services. After you remove your Content from the AddyMate
Services we will cease distribution as soon as practicable, and at such time
when distribution ceases, the license will terminate. If after we have
distributed your Content outside of the AddyMate Services, you change the
Content´s privacy setting to “private,” we will cease distribution of such
“private” Content outside of the AddyMate Services as soon as practicable after
you make the change. Notwithstanding the foregoing, you understand and agree
that once Content is distributed to a Linked Service or incorporated into other
aspects of the AddyMate Services, AddyMate is under no obligation to delete or
ask other Users or a Linked Service to delete that Content, and therefore it
may continue to appear and be used indefinitely.
6.2 The license you grant to AddyMate is non-exclusive
(meaning you are free to license your Content to anyone else in addition to AddyMate),
fully-paid and royalty-free (meaning that AddyMate is not required to pay you
or anyone else deriving rights from you for the use on the AddyMate Services of
the Content that you post), sublicensable (so that AddyMate
is able to use its affiliates, subcontractors and other partners such as
Internet content delivery networks and wireless carriers to provide the AddyMate
Services), and worldwide (because the Internet and the AddyMate Services are
global in reach).
6.3 You represent and warrant that: (i)
you own the Content posted by you on, through or in connection with the AddyMate
Services, or otherwise have the right to grant the license set forth in this
Section 6, and (ii) the posting of your Content on, through or in connection
with the AddyMate Services and/or Linked Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of
any person or entity. You agree to pay for all royalties, fees, and any other
monies owing any person or entity by reason of the use of any Content posted by
you on or through the AddyMate Services and/or Linked Services.
6.4 The AddyMate Services contain Content of AddyMate
("AddyMate Content"). AddyMate Content is protected by copyright,
trademark, patent, trade secret and other laws, and AddyMate owns and retains
all rights in the AddyMate Content and the AddyMate Services. AddyMate hereby
grants you a limited, revocable, nonsublicensable
license to reproduce and display the AddyMate Content (excluding any software
code) solely for your personal use in connection with viewing the AddyMate
Website and using the AddyMate Services.
6.5 The AddyMate Services contain Content of Users and other
AddyMate licensors. Except as provided within this Agreement, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform, display,
sell or otherwise use any Content appearing on or through the AddyMate
Services.
6.6 AddyMate performs technical functions necessary to offer
the AddyMate Services, including, but not limited to, the technical processing
and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use
throughout the AddyMate Services. In addition, you agree and acknowledge that AddyMate
may send messages including, but not limited to, notifications, special offers,
promotions, commercial advertisements, and marketing materials, in connection
with the AddyMate Services. You can control what type of communications you
receive from the AddyMate Services by logging into your account and choosing
the appropriate notifications settings or by following the unsubscribe
instructions contained at the bottom of commercial emails.
6.7 AddyMate reserves the right to limit the storage capacity of Content that you post on, through or in connection with the AddyMate Services.
7. Content Posted.
Please choose carefully the information that you post on,
through or in connection with the AddyMate Services and that you provide to
other Users. Your AddyMate profile may not include any form of Prohibited
Content, as outlined in Section 8 below. Despite this prohibition, information,
materials, products or services provided by other AddyMate Members (for
instance, in their profiles) or Linked Services may, in whole or in part, be
unauthorized, impermissible or otherwise violate this Agreement, and AddyMate
assumes no responsibility or liability for this material. If you become aware
of misuse of the AddyMate Services by any person or Linked Service, please
click on the "Contact Us” link at the bottom of the AddyMate Website
pages.
7.1 AddyMate may reject, refuse to post or delete any
Content for any or no reason, including, but not limited to, Content
that in the sole judgment of AddyMate violates this Agreement or which may be
offensive, illegal or violate the rights of any person or entity, or harm or
threaten the safety of any person or entity. AddyMate assumes no responsibility
for monitoring the AddyMate Services for inappropriate Content or conduct. If
at any time AddyMate chooses, in its sole discretion, to monitor the AddyMate
Services, AddyMate nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on, through or in connection with any of the AddyMate Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity
Prohibited. The following are examples of the kind of Content that is
illegal or prohibited to post on, through or in connection with the AddyMate
Services. AddyMate reserves the right to investigate and take appropriate legal
action against anyone who, in AddyMate's sole
discretion, violates this provision, including, without limitation, removing
the offending Content from the AddyMate Services, terminating the Membership of
such violators and/or reporting such Content or activities to law enforcement
authorities. Prohibited Content includes, but is not limited to,
Content that, in the sole discretion of AddyMate:
8.1 is patently offensive or
promotes or otherwise incites racism, bigotry, hatred or physical harm of any
kind against any group or individual;
8.2 harasses or advocates
harassment of another person;
8.3 exploits people in a sexual or
violent manner;
8.4 contains nudity, excessive
violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits or is designed to
solicit personal information from anyone under 18;
8.6 publicly posts information that poses or creates a
privacy or security risk to any person;
8.7 constitutes or promotes information that you know is
false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy
of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacturer-installed copy-protect devices, or providing pirated music or
links to pirated music files;
8.9 involves the transmission of
"junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or
"spamming";
8.10 contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal activities
including, but not limited to, making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
8.12 solicits or is designed to
solicit passwords or personal identifying information for commercial or
unlawful purposes from other Users;
8.13 involves commercial activities
and/or sales without prior written consent from AddyMate such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
8.14 includes a photograph or video
of another person that you have posted without that person's consent;
8.15 violates or attempts to violate the privacy rights,
publicity rights, copyrights, trademark rights, contract rights or any other
rights of any person.
The following are examples of the kind of activity that is
illegal or prohibited on the AddyMate Website and through your use of the AddyMate
Services. AddyMate reserves the right to investigate and take appropriate legal
action against anyone who, in AddyMate's sole
discretion, violates this provision, including, without limitation, terminating
your Membership and/or reporting such activity or Content to law enforcement
authorities. Prohibited activity includes, but is not limited to:
8.16 criminal or tortious
activity, including, but not limited to, child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, defamation, stalking,
spamming, spimming, sending of viruses or other
harmful files, copyright infringement, patent infringement, or theft of trade
secrets;
8.17 advertising to, or solicitation of, any Member to buy
or sell any products or services through the unauthorized or impermissible use
of the AddyMate Services. You may not transmit any chain letters or junk email
to other Members. In order to protect our Members from such advertising or
solicitation, AddyMate reserves the right to restrict the number of messages
which a Member may send to other Members in any 24-hour period to a number
which AddyMate deems appropriate in its sole discretion. If you breach this
Agreement and send or cause to send (directly or indirectly) unsolicited bulk
messages, bulletins or other unauthorized commercial communications of any kind
through the AddyMate Services, you acknowledge that you will have caused
substantial harm to AddyMate, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay AddyMate $50 for each actual or intended recipient of such
unsolicited message, bulletin or other unauthorized commercial communication
you send through the AddyMate Services;
8.18 circumventing or modifying, attempting to circumvent or
modify, or encouraging or assisting any other person in circumventing or modifying
any security technology or software that is part of the AddyMate Services;
8.19 activity that involves the use of viruses, bots, worms,
or any other computer code, files or programs that interrupt, destroy or limit
the functionality of any computer software or hardware, or otherwise permit the
unauthorized use of or access to a computer or a computer network;
8.20 modifying, copying, distributing, downloading, scraping
or transmitting in any form or by any means, in whole or in part, any Content
from the AddyMate Services other than your Content which you legally post on,
through or in connection with the AddyMate Services;
8.21 providing or using “tracking” or monitoring
functionality in connection with the AddyMate Services, including, without
limitation, to identify other Users´ views, actions or other activities on the AddyMate
Services;
8.22 covering or obscuring the banner advertisements and/or
safety features (e.g., Contact Us link) on your personal profile page, or any AddyMate
page via HTML/CSS or any other means;
8.23 any automated use of the system, such as, but not
limited to, using scripts to add friends or send comments, messages, blogs or
bulletins;
8.24 interfering with, disrupting, or creating an undue
burden on the AddyMate Services or the networks or services connected to the AddyMate
Services;
8.25 impersonating or attempting to impersonate AddyMate or
a AddyMate employee, administrator or moderator, another Member, or person or
entity (including, without limitation, the use of email addresses associated
with or of any of the foregoing);
8.26 using the account, user ID, or password of another
Member at any time or disclosing your password to any third party or permitting
any third party to access your account;
8.27 selling or otherwise transferring your profile, or URL;
8.28 using or distributing any information obtained from the
AddyMate Services in order to harass, abuse, or harm another person or entity,
or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on
your profile, or accepting payment or anything of value from a third person in
exchange for your performing any commercial activity through the unauthorized
or impermissible use of the AddyMate Services on behalf of that person, such as
placing commercial content on your profile, links to e-commerce sites not
authorized by AddyMate, posting blogs or bulletins with a commercial purpose, or
sending messages with a commercial purpose;
8.30 relaying email from a third party's mail servers
without the permission of that third party;
8.31 using invalid or forged headers to disguise the origin
of any Content transmitted to or through AddyMate´s
computer systems, or otherwise misrepresenting yourself or the source of any
message or Content;
8.32 using any automated system, including, but not limited
to, scripts or bots in order to harvest email addresses or other data from the AddyMate
Website for the purposes of sending unsolicited or unauthorized material;
8.33 engaging in, either directly or indirectly, or
encouraging others to engage in, click-throughs
generated through any manner that could be reasonably interpreted as coercive,
incentivized, misleading, malicious, or otherwise fraudulent; or
8.34 using the AddyMate Services in a manner inconsistent with any and all Applicable Law.
9. Protecting
Copyrights and Other Intellectual Property. AddyMate respects the
intellectual property of others, and requires that our users do the same. You
may not upload, embed, post, email, transmit or otherwise make available any
material that infringes any copyright, patent, trademark, trade secret or other
proprietary rights of any person or entity. It is AddyMate´s
policy to terminate, in appropriate circumstances, the membership of repeat
infringers.
If you believe your work has been copied and posted on or through the AddyMate Services in a way that constitutes copyright infringement, please send AddyMate's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the AddyMate Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. AddyMate's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, AddyMate, Inc., 21777 Tottenham Hale Ct., Sterling, VA 20166, USA; Phone: (301) 515-4730; Attn: Copyright Agent. AddyMate's Copyright Agent for notification of claimed infringement can also be reached electronically at info@AddyMate.com
10. Third Party
Linked Services. Linked Services created by third party developers may be
available on, through or in connection with the AddyMate Services. Linked
Services include applications, websites, desktop, wireless, mobile and other
services available from third parties which may link
to your AddyMate account from outside of the AddyMate Services. Linked Services
may use your AddyMate profile information, contacts and/or other profile
content on the Linked Service and share activity events between AddyMate and
the Linked Service (depending on the features the Linked Service chooses to
make available).
When you engage with a third party Linked Service, you are interacting with the third party via AddyMate. AddyMate currently limits the scope of the third party Linked Service to those actions required to sign up for and access your AddyMate account, to manage contacts between your AddyMate account and the third party Linked Service, and to post AddyMate account event activity to these third party Linked Service. You can choose to limit the interaction of your AddyMate account with the third party Linked Service through your Account Settings including the ability to un-link it from your AddyMate account.
11. Member Disputes. You are solely responsible for your interactions with other AddyMate Users, or any other parties with whom you interact through the AddyMate Services and/or Linked Services. AddyMate reserves the right, but has no obligation, to become involved in any way with these disputes.
12. Privacy. Use of the AddyMate Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers. AddyMate is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the AddyMate Services or Linked Services, by Users of the AddyMate Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of AddyMate. In addition, AddyMate is not responsible for any damage, injury or loss caused by Users of the AddyMate Services or by any of the equipment or programming associated with or utilized in the AddyMate Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the AddyMate Services may contain links to other websites or services. AddyMate is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by AddyMate. Inclusion of any linked website or service on the AddyMate Services does not imply approval or endorsement of the linked website or service by AddyMate. When you access these third party sites and services, you do so at your own risk. AddyMate takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the AddyMate Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. AddyMate is not responsible for the conduct, whether online or offline, of any User of the AddyMate Services or Linked Services. AddyMate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AddyMate is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the AddyMate Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the AddyMate Services or Linked Services. Under no circumstances shall AddyMate be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the AddyMate Services or Linked Services, attendance at an AddyMate event, from any User Content posted on or through the AddyMate Services or Linked Services, or from the conduct of any Users of the AddyMate Services, whether online or offline. The AddyMate Services and Linked Services are provided "AS-IS" and as available and AddyMate expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AddyMate cannot guarantee and does not promise any specific results from use of the AddyMate Services or Linked Services.
14. Limitation on Liability. IN NO EVENT SHALL ADDYMATE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ADDYMATE SERVICES OR LINKED SERVICES, EVEN IF ADDYMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADDYMATE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ADDYMATE FOR THE ADDYMATE SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S. Export Controls. Software available in connection with the AddyMate Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the AddyMate Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia, USA, without regard to its conflict of law provisions. You and AddyMate agree to submit to the exclusive jurisdiction of the courts located within the State of Virginia to resolve any dispute arising out of the Agreement or the AddyMate Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
17. Indemnity. You agree to indemnify and hold AddyMate, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the AddyMate Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the AddyMate Services.
18. Other. This
Agreement is accepted upon your use of the AddyMate Website or any of the AddyMate
Services and is further affirmed by you becoming a Member. Your agreement with AddyMate
will always include this Agreement at a minimum. Your access and use of certain
AddyMate Services will require you to accept additional terms and conditions
applicable to such certain AddyMate Services, in addition to this Agreement,
and may require you to download Software or Content. The failure of AddyMate to
exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. AddyMate is a
trademark of AddyMate, Inc. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Us with any
questions regarding this Agreement.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
