Terms and Conditions
1. Acknowledgment and Agreement
YOU HEREBY REPRESENT AND WARRANT TO US THAT (A) YOU ARE 18 YEARS OF AGE OR OLDER, (B) YOU WILL PROVIDE TRUE, ACCURATE, CURRENT, AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS OR ALTERNATE MEANS OF CONTACTING YOU) IN YOUR REGISTRATION FOR THE SERVICE, AND (C) THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
2. Description of Service and Payment Terms
Certain Customers shall be entitled to use the Service on a trial basis as specified on the website when customer initially agrees to the use of the Service. Trial is limited to one per Customer per organization. A Customer who uses the Service on a trial basis shall be bound by the Agreement and shall have a finite time period to use the Service on a trial basis. A Customer using the Service on a trial basis shall not exceed set limits for email credits in the applicable month related to the Email Service. Once the trial period has expired or the number of email credits has been depleted related to the Email Service, as applicable, the Customer must sign up for the Service and shall be subject to the payment terms outlined in this section and shall pay for the Service according to the then-current email price list.
The Email Subscription Plan offers a Customer the Email Service based on a flat monthly fee described in the email price list. The charges are based upon the number of unique subscribers contained in the Customer’s account and the corresponding pricing tier into which such number falls. A unique email address stored by Customer shall be deemed to be one (1) unique subscriber. PrimeSender’s tier based pricing allows for unlimited emails, provided that Customer’s total unique subscribers are not more than 50,000 subscribers. Customers with more than 50,000 unique subscribers shall be subject to overage fees determined by PrimeSender if the total number of emails sent by Customer in any one month is greater than four (4) times the number of maximum allowed unique subscribers in Customer’s paid tier.
The Service must be paid in advance prior to Customer’s usage of the Service. Access to the Service shall be enabled once Customer remits payment. Access to the Service shall be disabled should Customer become delinquent in paying the monthly subscription fees if Customer is purchasing Email Services on a subscription pricing plan. If Customer is on a monthly subscription plan, Customer’s credit card will be charged on the first day of each subsequent month following the initial month of subscription. If PrimeSender modifies its pricing structure, PrimeSender will use reasonable efforts to notify Customer prior to automatically renewing a prepaid plan.
The price list for the Service is posted on our Web site at www.PrimeSender.com. Prices may change at any time at PrimeSender's sole discretion. A Customer is responsible for knowing what prices are in effect at all times. PrimeSender will use reasonable efforts to notify Customers of any changes to the price list prior to such changes taking effect.
Payment for Service shall be made with any valid credit card that is accepted by PrimeSender. All payments shall be made in U.S. dollars. Customer authorizes PrimeSender to keep Customer’s credit card information on file and charge such credit card for the continuing usage of the existing Service or the future usage of the Service. Customer's account will be disabled if PrimeSender is unable to charge Customer's credit card for Service rendered or future Service purchased. PrimeSender will attempt to notify Customer of our intent to suspend access to the Service prior to such suspension taking effect.
The term of this Agreement will be for such period of time until the Service is canceled. You may terminate this Agreement and your Service at any time without further obligation. If you are enrolled in more than one subscription, each must be canceled separately. To cancel, contact Customer Service Mon. – Fri., 8:30 AM – 7:00 PM, Eastern Time. From within the US call toll-free 1-888-565-7485. From outside the US call +1 561-948-2944. You may also cancel the Service at any time through the Settings section of your online account.
You agree to indemnify, defend, and hold us harmless as well as any parent company, subsidiaries, affiliates, owners, managers, officers, employees, agents and assigns, against liability related to any claim or demand, including reasonable attorneys' fees, due to or arising out of any alleged violation of this Agreement by you, or any alleged violation of any rights of others by you.
5. Disclaimer of Warranties and Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OFFERS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. NEITHER THESE TERMS AND CONDITIONS NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE AND ANY PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER, EVEN IF WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THIS SERVICE. OUR LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Force Majeure
Neither party shall be liable to the other for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
7. Entire Agreement
These Terms and Conditions replace and supersede all prior versions.
These Terms and Conditions and the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to use of the Service or to these Terms and Conditions must be filed for arbitration thereof within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
All parties and/or users agreeing to these Terms and Conditions 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 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. The arbitration proceeding shall be construed in accordance with the applicable laws of the State of Florida. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.
All parties and/or users agreeing to these Terms and Conditions 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 company. 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) The company 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.