These “Terms of Use” govern your use of any service(s) provided to you (“you”) by youmail, inc., a delaware corporation, headquartered in irvine, california at 43 corporate park suite 200 irvine, California, USA (“youmail” or the “Company”), whether through the youmail website, youmail.com (the “Website”), dial-up access, or through any mobile or other device, and either directly or through a third party (each a “service” and, collectively, the “services”).
This is a legal agreement between you and Company, so please read this Agreement and all related information referenced in this Agreement carefully before registering and/or using any of the Services. By completing your registration, you will become a registered user of the Services (a “Registered User”), and by registering and/or using the Services, you agree to be bound by the following Terms of Use (the “Terms”) and hereby agreement that includes the terms (this “agreement”).
if you do not agree to all the terms of this agreement, please do not register or use any of the services.
youmail reserves the right to modify the terms of this agreement at any time and to impose new or additional terms or conditions on the use of the services. youmail may notify you of any such change by sending an email message to your email address in your youmail account or by posting on the website that requires your consent. such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Your continued use of the Services will be deemed acceptance of the Services.
1. privacy
Please review youmail’s privacy notice (https://www.youmail.com/privacy), which also governs your use of the services, to understand our practices. youmail’s privacy notice is part of the terms and of this agreement.
2. registration restrictions and obligations
You represent that you are over the age of 13, as the Services are not intended for persons under the age of 13. If you are under the age of 13, your use of the Services is prohibited.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person disqualified from receiving the Services under the laws of the United States or any other applicable jurisdiction. if you provide any information that is untrue, inaccurate, incorrect, or incomplete, or youmail has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, youmail has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof).
Upon completing the registration process, you will receive a youmail account and a password and/or pin. you are responsible for maintaining the confidentiality of your password/pin and are fully responsible for all activities that occur on or through your account. You agree to notify your email immediately of any unauthorized use of your account or any other breach of security.
without limiting any other provision of the terms and this agreement, youmail cannot and will not be liable for any loss or damage arising from your breach of this section 2.
3. Registration; termination
To subscribe (opt-in) to any of the services, you can register for an email account from our website, our mobile applications or our mobile website(s). Your email accounts are based on phone numbers and must be created with your real identity and a phone number that you own. youmail reserves the right to change account information that may be considered misleading, false, or otherwise conflicts with data from carriers’ industry standard name and phone number databases and other standard sources.
You can cancel your email account and access the services by logging into the website, clicking the link that says “close your account” and following the instructions.
You agree that youmail may, without notice, terminate, limit your access to, or immediately suspend your account and access to the Services. the cause for such termination, access limitation, or suspension shall include, but is not limited to, (a) breach or violation of the terms or other incorporated agreements or guidelines, (b) a request by the police or other government agency, (c) interruption or material modification of the services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) your participation in fraudulent or illegal activities, ( g) non-payment of any fees due by you in connection with the services, and/or (h) your participation in any way in any legal action or claim against the company. You further agree that all terminations, access limitations and suspensions for cause may be made at youmail’s sole discretion and that youmail shall not be liable to you or any third party for any termination, limitation or suspension of your account or access. to services.
termination, limitation or suspension of your account may include, at youmail’s sole discretion, any or all of the following: (a) removal of access to all or part of the offerings within the services, (b) removal of your password and all related information, files and content associated with or within your account (or any part thereof), (c) playing an “out of order” message to all parties calling to your telephone number(s), and (d) the prohibition of any further use of all or part of the services.
4. youmail voicemail service
One of the services is the youmail voicemail service. this service provides a series of “automatic extensions” to traditional voicemail services, and these extensions may impact you or your callers with respect to privacy issues or carrier service usage and charges related. youmail generally makes these features “opt out” and generally provides settings to customize their behavior and/or disable them, although youmail is not responsible for providing any ability for users to customize or limit any services.
These extensions include, but are not limited to:
- “smart greetings”, which allows you to customize greetings depending on who is calling you and automatically greets callers with their name and your first name. smart greetings can be overridden by selecting a greeting that you or someone else has recorded.
- “automatic responses”, which in certain circumstances (a) provides callers with a text message that confirms to them that they have successfully left a voicemail message, (b) may include a personalized message, and (c) allows callers to view and modify displayed information regarding their caller ID. you can opt out or customize aspects of who receives automated responses from you and under what conditions.
- “shared message”, which allows you to share messages by providing a url to that message, where voicemail can it can be easily played by anyone with knowledge of the provided url. there is a youmail privacy setting that can make your voicemails “unshareable”.
- “smart lock”, which automatically plays an “out of service” message to phone numbers that youmail considers problematic or are on a user-created and maintained block list, which automatically places messages from phone numbers that youmail sometimes considers problematic to a spam folder. you can use an email setting to control this behavior, and you can allow a list of individual phone numbers to ensure that those numbers are never blocked or placed in a spam folder when they call you.
youmail’s voicemail service is not static and continues to evolve over time, with new features and changes in the behavior of existing features. youmail reserves the right at any time to modify, limit, suspend or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. you agree that youmail shall not be liable to you or to any third party for any modification, limitation, suspension or discontinuance of the services (or any part thereof).
youmail will use reasonable efforts to notify you of certain changes that are likely to materially affect your experience or that of callers with the Services. these notifications, as well as service announcements and/or administrative messages, will be sent to your email address provided and on file with youmail, and you agree that you will keep such email address accurate and current, and that any email notifications sent to such address shall be deemed adequate notice of such changes. You also agree that a similar voice mail notice of your mail left in your voice mail inbox will also be deemed adequate notice of such changes.
5. youmail as your agent
You agree that youmail is your “agent” for answering and answering calls, and operates entirely on your behalf, as if youmail were your personal secretary. youmail therefore relies on your continued representation that it has obtained, and that youmail, as your agent, has at all times all necessary permissions to (a) answer all incoming calls to the telephone numbers you forward or obtains from youmail, (b) access any contact information you provide, (c) take messages, (d) deliver messages to the email address you provide, and (e) send text messages or emails to you and to callers in response to any calls or voice messages. also, if you add additional phone numbers from youmail, youmail is allowed to make outgoing calls and send and receive text messages on your behalf.
You also agree that youmail is your “agent” for blocking and/or responding to unwanted or illegal phone calls, and that youmail may block a call by any means, including, but not limited to, suppressing ringing and/or call alerts. on your phone, playing an “out of order” message, or taking messages and routing them to a spam folder. further, you agree that (a) youmail may decide as your agent which calls to block and how to block them while providing you with mechanisms to customize youmail’s behavior, and (b) youmail may analyze audio and/or captured messages and calls and associated calls. numbers and use this data to identify and block calls made to others, as well as to share these findings and their underlying data with telephone service providers, law enforcement authorities and others in order to prevent and/or process illegal or unwanted calls. to you, other youmail users, or any other person or entity that may be the recipient of such calls.
6. standard and premium services; abuse of services
youmail provides a rich set of features and capabilities in its standard services. youmail does not charge for standard services or for becoming a registered user.
youmail also offers services and features that require an explicit fee agreement prior to use of such service or feature (“premium services”). examples of premium services include certain recorded greetings by artists and/or professional broadcasters (which may have an associated fee for use), plans that provide access to youmail’s professional automated virtual receptionist, plans that include voicemail transcription services and other offers that youmail may make available as “fee-based” offers. You will never be charged any fees payable to youmail unless you have taken specific steps to apply for the premium service in question.
Standard Services are for your personal, non-commercial use only. users who use any of the services for commercial purposes must select and pay for one or more of the premium services.
youmail services are designed for use by a single user and may not be used for any purpose other than that expressly identified by youmail. without limiting the foregoing, the youmail services never include the right to extract data, or to reproduce, reconstruct or “reverse engineer”, any part of the youmail databases or derived data, or test telephone numbers to see if said phone numbers are being blocked or identified as suspicious by youmail. any of the foregoing, and any use not expressly identified by youmail in this agreement or in a separate signed agreement with youmail, is an “abuse of the services”. price and availability of premium services are subject to change without notice, and youmail reserves the right to limit the sale of any product or prohibit a sale at any time. youmail also reserves the right to refuse or cancel orders that use a coupon code obtained in violation of any coupon restrictions.
subscriptions to any premium service can be canceled at any time. all cancellations and downgrades are processed automatically. all premium services are prepaid for the selected period (monthly, annual or other) and are non-refundable, both for the initial purchase and for subsequent monthly and annual renewals, except that if a specific plan offers a “risk-free guarantee” for a specified period of time for the subscriber, youmail will provide a refund at the subscriber’s request to youmail for such refund within the risk-free time period if (a) this is the first order of a given premium service by an individual or particular entity, (b) no phone number associated with such plan has been transferred to or from your mail, and (c) the order was not placed through an in-app purchase mechanism billed through a store. ios or android applications.
youmail may, as part of various services and features, provide additional telephone numbers to an individual user account, including personalized access numbers and secondary telephone numbers. those phone numbers can be transferred to an alternate provider, however:
- A phone number can only be transferred from youmail while there is an active youmail premium subscription that includes that phone number, and no number can be transferred during any “free trial” or “free trial” period. risks”. .
- youmail may charge a service fee for transferring youmail numbers to an alternative provider; in these cases, such “porting” fees must be paid prior to completing the number transfer.
- in cases where the phone number to be transferred was obtained through youmail, youmail may charge you a additional charge for replacing the ported number with a substantially similar phone number.
Unless prohibited by law, we may assess late fees if you do not pay on time. You must pay these late fees when we bill you. the late payment fee will be calculated and applied each month at one percent (1%) of the amount due per month or the maximum rate allowed by law, whichever is less. we may use a third party to collect overdue amounts. you must pay all costs we incur in collecting amounts due, including reasonable attorneys’ fees and other legal costs and fees. We may suspend or terminate your services if you do not pay all amounts due to your mail in full and on time.
7. limitations of use
youmail provides the services on a limited basis that allows reasonable use of the services by you.
youmail may choose at any time to modify and/or enforce such limitations in its sole discretion. Reasonable usage may be defined as reasonable average customer usage levels of any service or feature, usage limits explicitly communicated at or after the time of purchase, or usage levels determined by youmail. youmail reserves the right to cancel any service, change the package and price, or take any action necessary to prevent customer abuse and/or inappropriate or unauthorized use of the services, including, but not limited to, abuse of services. you acknowledge that youmail may establish general practices and limits related to the use of the services, including, without limitation, the maximum number of days messages are retained, the maximum number of messages retained, the maximum number of calls made and/or replied and/or forwarded and/or texts sent or received, the maximum storage space allocated in respect of services on your behalf, the maximum number of times (and the maximum duration for which) you can access your mail and the amount maximum number of minutes used by the service on your behalf, including, but not limited to, playing greetings, recording messages, making phone calls, and the like. You agree that youmail has no responsibility or liability for the deletion or failure to store any messages and/or other communications.
you acknowledge that youmail has the right to delete accounts that are inactive for an extended period of time or that youmail determines, in its sole discretion, to be involved in an abuse of the services, as well as to delete all information associated with those accounts such as, but not limited to, stored voicemails, call history, and settings. youmail considers any account to be inactive if it does not have a record of at least one of the following activities within a 90-day period: (a) a client or application login and/or active session for that account, (b ) a received voicemail or missed call, or (c) a payment to the account.
8. possible service provider charges; avoid such charges
youmail is compatible with at&t, verizon wireless, sprint and t-mobile, as well as many other us email services. uu. operators (the “cell phone providers”). Standard airtime, text and data charges from your mobile carrier and the mobile carriers of your callers may apply when interacting with the Services. Generally, you may be able to minimize or eliminate your cell phone provider’s charges for services, which can relate to three areas: dial-up number access, data connectivity, and text messaging.
- access numbers. the youmail voicemail service provides you with a youmail dial-up number to which your missed phone calls are forwarded, as well as a dial-up number youmail that you can call to retrieve your messages (whose number can be the same for any given user). when calls are forwarded to a youmail dial-in number or you call to retrieve messages, normal toll and/or long distance usage and plan minutes may apply. To reduce the chance of unexpected charges, we strongly recommend that you have a “Nationwide” plan that includes enough minutes to account for any incremental call minute forwarding or recovery. We also recommend retrieving messages online through youmail desktop or mobile website or through our mobile apps when convenient.
- data connectivity. youmail mobile apps require a data connection to our servers to function. We recommend that you have a data plan that covers your data usage to avoid incremental data usage charges.
- text messaging. youmail provides features that may result in the sending text messages to your phone, which may result in additional charges from the cellular provider. for example, under certain circumstances, you can have your email send text messages to your phone when there is a new voicemail or a missed call (“text alerts”). If you use these features, we recommend that you have a texting plan that includes enough texting to avoid unexpected “per-text” charges for text alerts.
anyone can send a text message with the word “stop” from any mobile phone to any phone number used by youmail to send a text message and youmail will not be able to send any more text messages to that phone for any reason, beyond a single confirmation text message. alternatively, you can control which text messages are sent from the “settings” section of the website.
Based on certain user-controlled settings, youmail can generate text messages for callers, such as responding to incoming calls with a text message to the caller, either individually or using “automatic responses”. this may result in charges from the cellular provider for both you and your callers. By using these features, you represent that we are acting as an intermediary on your behalf and at your request in sending these text messages, as part of our acting as your agent to answer and respond to calls. youmail is not responsible for any third party fees (including but not limited to airtime, text or data charges) incurred by you or your callers.
9. help and support
Users of non-premium youmail services have access to community-based support, along with “answers to common questions” via the “help” link on the website and mobile apps. You can report bugs, problems or complaints to [email protected]. youmail does not guarantee that communications from users of non-premium services will be answered or taken into account.
users of youmail premium services have access to several additional levels of support, including live customer support that can be reached by phone at 1-800-374-0013 or by email at [email protected ]. Customer service is available Monday through Friday from 9:00 a.m. to 5:00 p.m. m. to 5:00 p.m. m., pacific time.
10. no reuse or resale of services
by registering and/or using the services, you agree that you will not reproduce, duplicate, copy, sell, resell, make available for profit or commercially exploit any part of the services, use of the services, or the access to the services, without an express and specific commercial agreement in writing with youmail. without limiting the foregoing, as identified elsewhere in this Agreement, such are, and may be considered by youmail in its sole discretion, to be an abuse of the Services.
11. property rights; intellectual property; infraction
Company owns and retains proprietary rights to the Services. The Services contain and use copyrighted material, databases and derivative data, trademarks, proprietary technology, and other proprietary information of Company, its licensors and licensees, and are protected by applicable intellectual property and other laws. company property includes all content contained on its websites or mobile applications or accessed via phone calls, including all text, graphics, logos, button icons, images, audio clips, downloads digital, compilations of data and content, and software. You agree that all trademarks, trade names, service marks, logos and marks of youmail are the property of youmail (the “youmail Marks”) and that, without the prior permission of youmail, you will not display or use the youmail Marks no way.
You will be solely responsible for any content you provide or post in connection with the Services, including, without limitation, greetings, incoming or outgoing messages, and photographs. you affirm, represent and/or warrant that: (a) you own or have the necessary licenses, rights, consents and permissions to upload/record without restriction and without infringing the rights of any other party all such content; and (b) without limiting the foregoing, you have the written consent, release and/or permission of each and every identifiable person in such content to use the name or likeness of any and all such identifiable persons in said content. You, and not youmail, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available in connection with youmail, the Services or otherwise.
12. disclaimer of warranties
You expressly understand and agree that:
the company provides the services “as is” and makes no warranties of any kind, whether express, implied, statutory or otherwise with respect to the services. without limiting the foregoing, the company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Company does not warrant that your use of any of the Services will be secure, uninterrupted, available, or error-free, that the Services will meet your requirements, or that defects in the Services will be corrected. the company disclaims responsibility and does not offer any guarantees regarding the connectivity and availability of the services.
13. member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“content”), whether that are published publicly or transmitted privately, are the sole responsibility of the person from whom such content originated. this means that you, and not youmail, are entirely responsible for all content you upload, post, email, transmit or otherwise make available via youmail, the internet or otherwise. youmail does not control the content posted by users through the services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. under no circumstances shall youmail be liable for any content, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or posted otherwise made available through the Services.
Furthermore, you agree not to abuse the Services or use the Services to:
- upload, post, email, transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, malicious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy person, hateful, or racially, ethnically, or otherwise objectionable;
- harming any minor in any way;
- impersonating any person or entity, including, but not limited to, an official youmail, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements);
- upload, post , Send by email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- infringing, intentionally or unintentionally , any applicable local, state, national or international law, including, without limitation, regulations promulgated by the us. uu. Securities and Exchange Commission, any rules of any national or other stock exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, or the Nasdaq, and any regulations having the force of law;
- make automated calls or text messages that, in the sole judgment of youmail, may violate any law or regulation, including, but not limited to, the tracked act and tcpa.
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
- “stalking” or harassing another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (h) above.
You acknowledge that youmail has the right (but not the obligation), in its sole discretion, to remove any content that is made available through the Services. further, you acknowledge that youmail will not provide any refund if any part of your service is terminated or suspended in connection with your breach of this agreement.
You acknowledge, consent and agree that youmail may access, preserve and disclose your account information and content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: ( a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of youmail, its users, or the public.
14. limitation of liability
Without limiting any other provision of this agreement, in no event shall the company or any of its affiliates be liable for incidental, special, consequential or indirect damages arising out of or related to the use or inability to use the services, including , among others, damages for loss or corruption of data or programs, interruptions of service and hiring of substitute services, even if the company knows or has been advised of the possibility of said damages. under no circumstances shall the total liability of the company and its affiliates, in any form of action related to this agreement, exceed the price paid by you to the company in cash in connection with your account. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Company shall not be liable for any damage or loss resulting from any correspondence or business dealings with third-party advertisers or resulting from the presence of such advertisers on the Service.
15. compensation for registered user
you agree to defend, indemnify and hold harmless the company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any claim, demand, loss, judgment, damage (including possible loss of income , damage to brand or corporate reputation, or increased expenses) and liabilities, actual and potential (including reasonable attorneys’ fees), whether or not involving any third party, relating to or arising out of your use , misuse, abuse of the services, or failure to properly use or limit any of the services, including any breach by you of the terms or this agreement, or any results any of the foregoing may have on your mail, or any of your calls or any other third party, including, without limitation, any violation of the rights of youmail or any other person or entity.
16. no third party beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries of this Agreement other than youmail’s affiliates, officers, directors, employees, contractors, agents, attorneys, and accountants.
17. general
force majeure. youmail shall not be liable for failure to perform any obligation or provision of service hereunder due to any (a) acts of God, (b) war, riot or civil commotion, (c) government acts or directives, strikes, labor or shortage of equipment or facilities, in any case that is being experienced by telecommunications service providers in general and that are not directed or specifically directed at youmail, or (d) other similar force beyond the reasonable control of youmail.
interpretation; amendment; exemption; Severability No provision of this Agreement or any attachment or addendum hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or hereof. no failure to exercise, no delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. nor shall the waiver by either party hereof of a breach of any provision hereof be deemed a waiver of any subsequent breach.
This Agreement and any terms expressly incorporated herein contain the entire agreement between the parties relating to the subject matter hereof and supersedes any prior agreement, understanding, undertaking or proposal, written or oral, between the parties relating to such matters. . no oral explanation or oral information given by either party will alter the interpretation of this agreement. each party confirms that, in agreeing to enter into this agreement, it has not relied on any representation except to the extent a representation has been expressly made in this agreement and agrees that it will have no remedy with respect to any misrepresentation that has not become in a term of this agreement, except that this clause shall not apply with respect to any fraudulent misrepresentation, whether or not it has become a term of this agreement. this agreement may not be amended or modified except (i) through a writing signed by a duly authorized representative of youmail, or (ii) pursuant to youmail’s right at any time to modify the terms of this agreement, and to impose new or additional terms or conditions on your use of the services, as set forth in the preceding part of this agreement. a person who is not a party to this agreement has no right to rely on or enforce any term of this agreement. Nothing in this Agreement shall be construed as creating an agency, partnership, or other form of joint venture between the parties.
the rights and remedies provided by this agreement are cumulative, and the exercise of any right or remedy by either party (or its successor), whether under this agreement, any other agreement or the law, does not prevent or waive your right to exercise any or all other rights and remedies. the headings or titles of the various paragraphs of this agreement are inserted for convenience only and do not form part of any provision of this agreement, nor will they be used or referred to in the construction of any provision of this agreement.
words in the singular will include the plural and vice versa. whenever examples are used in this agreement with the words “including”, “for example”, “any”, “for example”, “such as”, “etc.” or any derivation thereof, said examples are intended to be illustrative and not limiting thereof. all references to masculine, feminine, or neuter genders shall mean and include all genders.
in the event that one or more of the provisions contained in this agreement for any reason are held invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such provisions shall be severed, and said invalidity, illegality or unenforceability will not affect any other provision of this agreement or any action in any other jurisdiction. In addition, if one or more of the provisions contained in this agreement, for any reason, is considered to be excessively broad or unreasonable in terms of period, scope or geographic area so as to be unenforceable by law, said provision or provisions will be modified or replaced by the corresponding judicial body to cover the maximum period, scope or geographic area allowed by the applicable legislation.
task; choice of law; event. The provisions of this Agreement will inure to the benefit of and be binding on youmail’s successors and assigns. This Agreement is personal to you and may not be assigned or transferred to any other person or party. This Agreement shall be construed in accordance with and governed by the internal laws of the State of California without giving effect to its choice of law. for all disputes arising out of or related to this agreement or the services that are brought in court (and not through arbitration), you and the company irrevocably consent to the exclusive (and personal) jurisdiction of the state courts or federal offices in the city of los angeles and waives any objection based on inappropriate venue or inconvenient forum.
without right of survival and non-transferability. you agree that your account is non-transferable and any rights to your account or content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all content on your account will be permanently deleted.
Limited time to file a claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after such claim arose. or cause of action or be banned forever.
arbitration; opt out; no jury trial. Except if you opt out in accordance with the procedure below, you agree that all disputes between you and youmail (whether or not such dispute involves a third party) regarding your relationship with youmail, including, without limitation, Disputes relating to these Terms and/or your use of any Service, shall be resolved by binding individual arbitration under the American Arbitration Association’s Rules for Arbitration of Consumer Related Disputes and you and your email expressly waive trial by jury. . Alternatively, you may file your claim in your local “small claims” court, if permitted by the rules of that small claims court. you can only file claims on your own behalf. neither you nor youmail (with respect to you) will participate in a class action or class arbitration for any claim or event covered by this agreement. You also agree not to participate in claims brought in an attorney general or private representative capacity, or consolidated claims involving another person’s account, if youmail is a party to the proceeding. this dispute resolution provision shall be governed by federal arbitration law. in the event that the american arbitration association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of the filing of the matter, then you may send an email or you may elect to have the arbitration administered by the mediation and judicial arbitration services. . Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any provision of applicable law, the arbitrator shall have no authority to award damages, remedies, or awards that conflict with these terms.
You may opt out of this arbitration agreement. if you do, neither you nor youmail can require the other party to participate in arbitration. to opt out, you must notify us by email within 30 days of the date you first became subject to this arbitration agreement. You must use this address to opt out:
- youmail, inc., attn.: youmail arbitration opt-out, 43 corporate park, suite 200, irvine, california, usa
You must include your name and residence address, the email address and phone number you use for your email account, and a clear statement that you wish to opt out of this arbitration agreement.
If the prohibition against class action lawsuits and other claims brought on behalf of third parties contained above is found to be unenforceable, all prior language in this arbitration section shall be null and void with respect to such matters. This arbitration agreement will survive the termination of your relationship with youmail indefinitely.