1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING SCRIBBLEPOST. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS IF YOU EITHER (1) AFFIRMATIVELY ACCEPT THESE TERMS, OR (2) USE OR ATTEMPT TO USE SCRIBBLEPOST. IF YOU DO NOT AGREE WITH THE THESE TERMS, DO NOT PROCEED WITH ANY USE OF SCRIBBLEPOST.
ScribblePost may change or supplement these Terms or information about ScribblePost from time to time (“Updates”). ScribblePost will use commercially reasonable efforts to notify you of Updates. ScribblePost will post all Updates on its website located at www.scribblepost.com/terms. You agree to check this webpage from time to time for Updates. Your continued access or use of ScribblePost after ScribblePost posts an Update constitutes your consent to be bound by the Terms, as updated.
Subject to your compliance with these Terms, ScribblePost grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use ScribblePost on your computer or other personal device solely for the purposes described on ScribblePost’s website or in any user documentation. The only rights and licenses you receive in connection with ScribblePost are the rights expressly granted in these Terms.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of ScribblePost; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit ScribblePost except as expressly permitted by ScribblePost; (iii) decompile, reverse engineer or disassemble ScribblePost except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of ScribblePost; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of ScribblePost or unduly burdening or hindering the operation and/or functionality of any aspect of ScribblePost; or (vi) attempt to gain unauthorized access to or impair any aspect of ScribblePost or its related systems or networks.
4. THIRD PARTY SERVICES AND CONTENT
5. PROPRIETARY RIGHTS
ScribblePost and all rights associated with it are and shall remain the property of ScribblePost and its licensors. Neither these Terms nor your use of ScribblePost convey or grant to you any rights: (i) in or related to ScribblePost except for the limited license granted above; or (ii) to use or reference in any manner ScribblePost’s company names, logos, product and service names, trademarks or services marks or those of ScribblePost’s licensors.
6. YOUR USE OF SCRIBBLEPOST
A. USER ACCOUNTS
In order to use most aspects of ScribblePost, you must register for and maintain an active personal user Service account (“Account“). . You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
B. USER REQUIREMENTS AND CONDUCT
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using ScribblePost and you may only use ScribblePost for lawful purposes.
C. TEXT MESSAGING
By creating an Account, you agree that ScribblePost may send you informational text email messages as part of the normal business operation of your use of ScribblePost.
D. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use ScribblePost. Your mobile network’s data and messaging rates and fees may apply if you access or use ScribblePost from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use ScribblePost and any updates to them. ScribblePost does not guarantee that ScribblePost, or any portion of it, will function on any particular hardware or devices. In addition, ScribblePost may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
7. LIMITATIONS OF LIABILITY, REMEDIES
A. DISCLAIMER OF WARRANTIES
SCRIBBLEPOST IS CURRENTLY IN A BETA TESTING STAGE. ACCORDINGLY, SCRIBBLEPOST IS PROVIDED “AS IS” AND “AS AVAILABLE.” SCRIBBLEPOST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SCRIBBLEPOST MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF SCRIBBLEPOST OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF SCRIBBLEPOST, OR THAT SCRIBBLEPOST WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF SCRIBBLEPOST, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY
SCRIBBLEPOST SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF SCRIBBLEPOST, EVEN IF SCRIBBLEPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCRIBBLEPOST SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON SCRIBBLEPOST OR YOUR INABILITY TO ACCESS OR USE SCRIBBLEPOST. SCRIBBLEPOST SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SCRIBBLEPOST’S REASONABLE CONTROL. IN NO EVENT SHALL SCRIBBLEPOST’S TOTAL LIABILITY TO YOU IN CONNECTION WITH SCRIBBLEPOSTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 7B DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold ScribblePost and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of ScribblePost; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party.
8. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of them or the use of ScribblePost (together, “Disputes“) will be settled by binding arbitration between you and ScribblePost, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and ScribblePost are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and ScribblePost otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
C. ARBITRATION PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
D. ARBITRATION LOCATION AND PROCEDURE
Unless you and ScribblePost otherwise agree, the arbitration will be conducted in San Francisco, California, U.S.A. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ScribblePost submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. ARBITRATOR’S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. ScribblePost will not seek, and ScribblePost hereby waives all rights ScribblePost may have under applicable law to recover, attorneys’ fees and expenses if ScribblePost prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, ScribblePost will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if ScribblePost changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing ScribblePost written notice of such rejection by mail or hand delivery to: ScribblePost, P.O. Box 2498 Bondi Junction, Sydney, NSW, Australia 1355 Attn: Dispute Resolutions, Alon Novy, or by email from the email address associated with your Account to firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and ScribblePost in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
9. OTHER PROVISIONS OF THESE TERMS
A. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
ScribblePost may give notice by means of a general notice on ScribblePost, electronic mail to your email address in your Account, ScribblePost’s notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email). You may give notice to ScribblePost, with such notice deemed given when received by ScribblePost, at any time by first class mail or pre-paid post to ScribblePost, P.O. Box 2498, Bondi Junction, Sydney, NSW, Australia 1355 Attn: Alon Novy.
You may not assign these Terms without ScribblePost’s prior written approval. ScribblePost may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ScribblePost’s equity, business or assets; or (iii) a successor by merger. Any attempted assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and ScribblePost as a result of this Agreement or use of ScribblePost. If a court finds that any provision of these Terms is invalid or unenforceable, that provision shall be deemed to have been stricken from these Terms and the remaining provisions shall be enforced to the fullest extent under law. ScribblePost’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ScribblePost in writing.
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