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1. EULA Terms. The Website and certain
of its features are available to you, the licensee,
conditioned on your acceptance, without modification,
of all terms and conditions of this EULA. If you, or
any person acting for you, with your permission, or
with a password you made available directly or indirectly
to any person (collectively “you” or “your”) accesses,
uses, derives information from, or places information
within the Website, such constitutes your acceptance
of all terms of this EULA, as now in existence or as
may later be modified in accordance with its terms.
This EULA (including all amendments posted
on the Website) is the entire agreement relating to
your use of the Website, and supercedes all prior, current,
and future oral and written communications, proposals,
and representations regarding the Website and the use
of any feature thereof.
Wash My Mail may change, from time
to time, the Website. Wash My Mail may elect to, but
is not obligated to, introduce, or grant different grades
of service, different degrees of access to services,
or introduce new features in version 1.0 and future
versions of the Website which may change functions,
limit access to information and/or functions, and introduce
new or revised security restrictions at any time without
prior notice, at Wash My Mail's
sole discretion, and without making any of the above
available to you without liability to Wash My Mail and
its affiliates. You agree to bear all risks and hold
Wash My Mail and its affiliates harmless for any and
all effects that any of the above changes may have on
your ability to use the Website for any purpose. Wash My Mail
may limit, create different priorities for different
users, update, and/or cancel some or all of the functions
of the Website at any time, without prior notice. By
continuing to use the Website after notice of any change
is posted on the Website, you signify your consent to
all such changes, including but not limited to all changes
to this EULA.
If you do not accept all terms of this EULA
you must exit the Website before accessing any of the
Website's features, otherwise you have created a legally
binding agreement that you will comply with all terms
of this EULA.
2. Membership. Wash My Mail may grant
you limited access to the Website; however, certain
portions of the Website may be available only if you
have a membership by opening an account (your "Account")
by completing a registration process requiring that
you provide current, complete, and accurate information
as prompted by the registration process on the Website,
which you represent is accurate and complete in all
respects and that you are over age eighteen (18), and
paying any and all amounts due on or before their due
dates. You are responsible for keeping your Account
name and password confidential, and are responsible
for any and all activities that occur under your Account.
You agree to notify Wash My Mail immediately of any
unauthorized activity regarding your Account and any
other misuse of the Website of which you are aware.
Wash My Mail will not be responsible for any loss that
you may incur as a result of someone else using your
Account, either with or without you knowledge.
3. Software License. Wash My Mail
grants you a non-exclusive license to use only specified
portions and functions the Website strictly in accordance
with all terms of this EULA, which license Wash My Mail
may terminate at any time without notice if Wash My Mail
believes a violation of this EULA has occurred. Only
one individual may use an Account at one time, and a
single Account may only be used for the benefit of one
(1) individual who is the registered user for that Account.
4. Limitations of License. Wash My Mail
AND ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES
OR GUARANTIES AS TO THE AVAILABILITY. OR RELIABILITY
OF THE WEBSITE OR THE INFORMATION YOU OR OTHER USERS
PLACE ON THE WEBSITE. Wash My Mail
AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND. Wash My Mail, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES REGARDING THE WEBSITE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL Wash My Mail, ITS AFFILIATES, AND/OR
THEIR RESPECTIVE LICENSORS, SPONSORS, SUPPLIERS AND
THE EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS AND
AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH,
THE USE OF THE WEBSITE OR ANY INFORMATION THEREON, OR
WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES THROUGH
THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION, LOSS OF ANALYSIS, OR OTHER PECURSIORY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT FOR, OR
RESOLVE ANY SUPPORT ISSUES REGARDING, THE WEBSITE, EVEN
IF Wash My Mail, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN ANY CASE Wash My Mail'S ENTIRE LIABILITY UNDER ANY PROVISION OF THE
EULA SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE
PAID, OR WHICH HAS BEEN PAID ON YOUR BEHALF TO, Wash My Mail
DIRECTLY FOR ACCESS TO THE WEBSITE. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. No Unlawful Or
Prohibited Use. As a condition of your use of the Website, you warrant that you
will not use the Website for any purpose that is unlawful
or prohibited by this EULA.
6. Links To Third-Party
Sites. The Website may contain hyperlinks to websites operated by parties
other than Wash My Mail. Such hyperlinks are provided
for your reference only. Wash My Mail
does not control such websites and is not responsible
for their contents. Wash My Mail's inclusion of hyperlinks to such websites
does not imply any endorsement of the material on such
websites or any association with their operators.
7. Information.
- 7.1 You agree that any and all information you,
or anyone on your behalf, places on the Website shall
at all times be:
- 7.1.1 Accurate in all respects
to your then knowledge and belief;
- 7.1.2 Corrected promptly by
you when any new or revised data or information
is available to you or your agents;
- 7.1.3 Authorized in writing
to be placed on the Website by all owners of the
property.
- 7.1.4 Lawfully placed in the
Website and in any of Wash My Mail's
hardware and software;
- 7.1.5 Accessed, used, and distributed
strictly in accordance with all terms of this EULA.
- 7.1.6 Formatted and within the
type, size and other limits as described in the
Website, which Wash My Mail reserves the right to
modify, including without limitation the number
of days that data will remain within the Website,
the frequency with which data must be updated by
you or will be withdrawn from the Website by Wash My Mail,
and the volume of data which you may store on the
Website at any one time.
- 7.2 You will abide by all applicable local, state,
national, and foreign laws, treaties, and regulations
in connection with the Website and agree not to use
the Website or any feature, aspect, or data in, a
part of, or from the Website to:
- 7.2.1 Post or send any unsolicited
or unauthorized advertising, ProMotional materials,
junk mail, spam, chain letters, pyramid schemes,
or any other form of duplicative or unsolicited
messages, whether commercial or otherwise;
- 7.2.2 Harvest, collect, gather,
or assemble information or data regarding other
users, including email addresses, without their
consent;
- 7.2.3 Transmit through or post
on the Website any unlawful, harassing, libelous,
abusive, torturous, defamatory, threatening, harmful,
invasive to another's privacy, vulgar, obscene,
pornographic, or otherwise objectionable material
of any kind or nature, or which is harmful to minors
in any way;
- 7.2.4 Transmit any material
which may infringe upon any intellectual property
or other rights of any person including without
limitation trademark, copyright, or right of publication
in any form or format.
- 7.2.5 Transmit any material
that you are aware contains a software virus or
viruses, or other harmful or objectionable computer
code, files, program, routine such as Trojan horses,
worms, time bombs, cancel bots, or popups.
- 7.2.6 Interfere with or disrupt
servers, networks, hardware, software, or users
connected to, using, or a part of the Website, or
violate the licenses, policies, procedures, or regulations
of such.
- 7.2.7 Attempt to gain unauthorized
access to the Website, other accounts, computer
systems, networks, or users connected to or using
the Website, through password mining or any other
means.
- 7.2.8 Harass or interfere with
another user's use or enjoyment of the Website and
any of that or other user's data on the Website.
- 7.3 You are responsible for any and all data which
you or your designee place on the Website. You indemnify
and hold Wash My Mail, its affiliates, licensors,
suppliers and sponsors, and their respective shareholders,
directors, officers, employees, and agents, harmless
from and against any and all claims that any data
that you place directly or indirectly within the Website
is inaccurate or incomplete in any respects.
- 7.4 All information you place on the Website is
accessible by Wash My Mail at all times, and may be
revised by Wash My Mail to conform to all the Website
requirements, although Wash My Mail is under no obligation
to reformat any data and shall not be liable to you
or any other person for any data or revisions thereto.
- 7.5 You hereby authorize the Website and Wash My Mail
to place cookies and other files on your computer's
hard drive or other storage medium to assist the Website
in limiting access to only authorized users and recording
authentication information for the duration, activities,
and content of each session on the Website.
- 7.6 You are responsible for any and all activities
that occur under your Account, and must log off and
exit from your Account at the end of each session
of use. You shall send Wash My Mail notice immediately
upon you being aware or suspicious of any unauthorized
use of the Website by any person.
- 7.7 In accordance with and within the privacy
and other limitations then set forth in the Website,
you authorize Wash My Mail full access to any information
regarding you, your Account, any information you place
on the Website, all cookies and other information,
the use of any and all data on the Website. Notwithstanding
the above, Wash My Mail will not disclose any information
regarding any user or the use of any and all data
in the Website without your prior permission except
to its affiliates, licensors or sponsors, or in accordance
with the Website, this EULA, or as may be required
by law or lawful process.
- 7.8 You hereby grant Wash My Mail and its assigns
a non-exclusive, unrestricted, perpetual royalty free
license to display, publish, and otherwise use any
and all property data and information you, or any
person designated by you, place on the Website.
- 7.9 Should Wash My Mail reasonably suspect that
any material information supplied is untrue, inaccurate,
not current, or incomplete, Wash My Mail has the right
to suspend or terminate your access to the Website
and all data thereon, and may restore access to the
Website and any data thereon, in Wash My Mail's
sole and absolute discretion, after any and all defaults
have been cured to Wash My Mail's satisfaction.
8. Limitations on Use.
- 8.1 You agree that when using the Website, you
shall NOT do any of the following:
- 8.1.1 Copy any portion of the
Website, other than property data you have been
authorized to access, for any purpose.
- 8.1.2 Copy any portion of the
Website for transmission or use, directly or indirectly
on any computerized electronic exchange other than
the Website, excepting only that portion of data
on the Website that you uploaded to the Website
through your Account only.
- 8.1.3 Grant access to any portion
of your Account to any person other than an individual
acting solely on your behalf and for your benefit
only.
- 8.1.4 Access, or attempt to
access, any other person's Account or any portion
of the Website which was not specifically granted
by this EULA.
- 8.1.5 Transfer, rent, lease,
grant a security interest in, or otherwise encumber
in any way any portion of the Website or any of
your rights to access or use the Website, whether
through this EULA or otherwise.
- 8.1.6 Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity)
of others.
- 8.1.7 Publish, post, distribute, or disseminate any defamatory, infringing,
obscene, indecent, or unlawful material or information.
- 8.1.8 Upload files that contain
software or other material protected by intellectual
property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or
have received all necessary consents.
- 8.1.9 Upload files that you
know contain viruses, corrupted files, or any other
similar software or programs that may damage the
operation of another's computer.
- 8.1.10 Delete any author attributions,
legal notices, or proprietary designations or labels
in any file that is uploaded.
- 8.1.11 Falsify the origin or
source of software or other material contained in
a file that is uploaded.
- 8.1.12 Advertise or offer to
sell any goods or services or conduct or forward
surveys, contests, or chain letters.
- 8.1.13 Download any file posted
by another user that you know, or reasonably should
know, cannot be legally distributed in such manner.
- 8.2 You acknowledge that all information you may
place on the Website are public,
and not private communications. Further, you acknowledge
that all information, pictures, analysis, postings,
conferences, and other communications by other users
are not endorsed by Wash My Mail or its affiliates,
and such communications shall not be considered reviewed,
screened, or approved by Wash My Mail or its affiliates.
Wash My Mail reserves the
right for any reason to remove, without notice, any
information received from any user or others, including,
without limitation, information, pictures, or analysis
as to any one or more properties you or others have
posted to the Website. Wash My Mail
reserves the right to deny in its sole discretion
any user access to this Website or any portion thereof
without notice.
9. Support. Wash My Mail
shall provide only online technical support for any
difficulties you may have accessing the Website or any
of its features. That technical support shall not include
any aspect of your computer's hardware, software, configurations,
means of gaining access to the internet, ability to
browse the internet, or ability to access any facet
or portion of the Website.
10. Force Majeure. The Website contains
functionalities and services that allow sending, delivering
or receiving information between users, which may be
relayed or carried through Wash My Mail, public, third
parties' or other networks, systems, servers, websites
or applications (e.g. telephone and cellular networks,
email servers etc.) ("Third Parties' Network"). The Third Parties' Networks
are not controlled by Wash My Mail in any way and Wash My Mail
shall not be responsible for the performance, availability,
functionality, quality or reliability of any of the
Third Parties' Networks or the information sent, delivered,
relayed, carried or received through the Third Parties'
Networks. Notwithstanding anything herein, Wash My Mail
does not warrant or guarantee that the information sent,
relayed, carried or delivered through these Third Parties'
Networks will reach its destination or its correct address
or recipient or that the details of the recipient or
sender are correct or accurate. Wash My Mail shall not
be liable for, and excused from, any failure to deliver
or perform, or for any delay in delivery or performance,
due to causes beyond its reasonable control, after exercising
its best commercially reasonable efforts to remedy any
such failure or delay, including without limitation
any government actions, fire, work stoppages, civil
disturbances, interruptions of power or communications
to Wash My Mail or any facilities used by or for Wash My Mail,
failure of internet, hosting, telecommunications, or
other services to Wash My Mail or facilities used by
or for Wash My Mail, natural disasters, acts of God,
or acts of terrorism or war.
11. Export Rules. You agree that no portion
of the Website, nor any information thereon, will be
shipped, transferred or exported into any country or
used in any manner prohibited by the United States Export
Administration Act or any other export laws, restrictions
or regulations (collectively the "Export Laws").
In addition, if the Software is identified as export
controlled items under the Export Laws, you represent
and warrant that you are not a citizen, or otherwise
located within an embargoed nation (including without
limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North
Korea, and Serbia) and that you are not otherwise prohibited
under the Export Laws from receiving the Software. All
rights to Use the Software are granted on condition
that such rights are forfeited if you fail to comply
with the terms of this EULA.
12. Governing Law. This EULA will be governed
by and construed in accordance with the substantive
laws in force in the State of Illinois, if you are a citizen
of the United States, Canada, or Mexico when first opening
an Account. The courts of Illinois shall have exclusive
jurisdiction over all disputes relating to this EULA.
This EULA will not be governed by the conflict of law
rules of any jurisdiction or the United Nations Convention
on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
13. Severability. If any part of this
EULA is found void and unenforceable, it will not affect
the validity of the balance of the EULA, which shall
remain valid and enforceable according to its terms.
If any part of this EULA is determined to be invalid
or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the
original provision and the remainder of the EULA shall
continue in effect. Use of this Website is unauthorized
in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including,
without limitation, this paragraph.
14. Modification Of
These Terms And Conditions. Wash My Mail reserves the right
to change the terms, conditions, and notices under this
EULA by posting any change on the Website.
15. General.
- 15.1 You agree that no joint venture, partnership,
employment, or agency relationship exists between
you and Wash My Mail as a result of this EULA or your
use of the Website.
- 15.2 Wash My Mail's
performance under this EULA is subject to existing
laws and legal process, and nothing contained in this
EULA is in derogation of Wash My Mail's
right to comply with law enforcement requests or requirements
relating to your use of this Website or information
provided to or gathered by Wash My Mail with respect
to such use.
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