Terms of Service

Last Updated, January 1, 2020


These Terms of Use (hereinafter, the “Agreement”) are a binding agreement between you, PrivateMail LLC, and any of its parent companies, subsidiaries, or other related companies based in the United States ("Private-Mail" or "we" or "us") and they apply to the https://privatemail.com/ website and all related websites, mobile websites, social media sites, mobile applications, and other digital platforms, including any services, features, pages, and functions contained or offered therein (hereinafter referred to as the "Digital Services"). The Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of the Agreement. To the extent any translated versions of the Agreement conflict with the English language version, the English language version of the Agreement shall control.


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE DIGITAL SERVICES. BY USING OR BROWSING THE DIGITAL SERVICES OR OTHERWISE INDICATING YOUR ASSENT TO THE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE MOST RECENT VERSION OF THIS AGREEMENT AND THAT YOU AGREE TO ITS TERMS.  YOU ALSO ACKNOWLEDGE THAT YOU AGREE TO THE TERMS OF ANY FUTURE UPDATES TO THIS AGREEMENT. IF YOU DO NOT ASSENT TO THE TERMS OF THIS AGREEMENT AND ANY FUTURE UPDATES THERETO, DO NOT USE THE DIGITAL SERVICES AND IMMEDIATELY LEAVE THIS WEBSITE.


This is an important document that you must consider carefully when choosing whether to use the Digital Services. Please be advised that this Agreement contains provisions that govern how claims you and Private-Mail have against each other are resolved. It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to confidential, binding, and final arbitration. You will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against Private-Mail on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.


Use of Digital Services & Acceptance of Terms of Use
By using the Digital Services, you agree that you are over the age of eighteen (18) and that you will abide by all applicable federal, state, and local laws and understand that you are legally bound by the terms and conditions of this Agreement and all future modifications or amendments to this Agreement.  You also agree to abide by our Privacy Policy, our DMCA policy, and all future modifications or amendments to same. If for any reason you do not accept and agree to this Agreement, our Privacy Policy, or our DMCA policy and all future modifications thereto, then accessing the Digital Services is strictly prohibited and you must immediately leave this website.  If you are under the age of eighteen (18) you are not authorized to use the Digital Services and must immediately leave this website.

If you are using the Digital Services on behalf of a business (or other juridical entity), as an employee or contractor or agent for a business (or other juridical entity), that entity is also legally bound by the terms and conditions of this Agreement and all future modifications or amendments to this Agreement.  The entity also agrees to abide by our Privacy Policy, our DMCA policy, and all future modifications or amendments to same.  If for any reason the entity does not accept and agree to this Agreement, the Privacy Policy, or the DMCA and all future modifications thereto, then accessing the Digital Services is strictly prohibited and you must immediately leave this website- by continuing to use the Digital Services, you represent and warrant that you have authority on behalf of the business (or other juridical entity) to agree to this Agreement.

YOU MUST IMMEDIATELY NOTIFY PRIVATE-MAIL IF YOU ARE SIGNING UP ON BEHALF OF ANY OTHER INDIVIDUAL, ENTITY, OR ORGANIZATION, AND PROVIDE PRIVATE-MAIL WITH THE LEGAL NAME AND CONTACT INFORMATION FOR THAT INDIVIDUAL, ENTITY, OR ORGANIZATION.

Modification of Terms of Use
This Agreement may be changed from time to time, and your use of the Digital Services following any such changes shall confirm your agreement to be bound by the Agreement as modified.


License and Intellectual Property
Unless otherwise indicated, all of the content on the Digital Services including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and audio materials are copyrights, trademarks, trade names, brand names, trade dress, or other intellectual property protected by U.S. International copyright, patent, trade secret, or trademark laws, and owned, controlled, or duly licenses by Private-Mail.  The Client shall have a limited personal license for personal, non-commercial, private, and limited non-transferable uses. Private-Mail may revoke this limited personal license at any time and for any or no reason.  You may not copy, reproduce, distribute, republish, modify, download, display, post, or transmit any content from Private-Mail or its Digital Services in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Private-Mail’s express written authorization to do so. You may electronically copy and print to hard copy portions of the material available through the Digital Services or statements provided on the Digital Services for the sole purpose of using the information or materials for informational and personal use only. Any other use of the Digital Services’ content—including any commercial use, reproduction for purposes other than described herein, modification, distribution, republication, display, or performance, without the prior written permission of Private-Mail—is strictly prohibited. The Client agrees not to alter, delete, obscure, or change any proprietary rights affiliated with Private-Mail or the Digital Services’ content.  Private-Mail retains all rights in and to its copyrights, trademarks, trade names, brand names, trade dress, and other intellectual property depicted on the Digital Services.  


Links to Third Party Digital Services
The Digital Services may contain links to other websites and digital services (the "Linked Sites"). The Linked Sites are not under the control of Private-Mail and Private-Mail is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site.  Private-Mail provides Linked Sites only as a convenience, and the inclusion of any Linked Site does not imply endorsement by Private-Mail of the Linked Sites or any association with its operators. 

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Digital Services.  You agree to a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Private-Mail has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Private-Mail may immediately terminate your user account without notice and refuse current or future use of any or all of the Digital Services. If you represent an organization and wish to use the Digital Services for corporate internal use, you must provide your corporate contact information.

Organization Accounts and Administrators
When you sign up for an account for your organization or another entity you may specify one or more administrators. The administrators will have the right to configure the Digital Services based on your requirements and manage end users in your organization’s account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization’s account. 
You are responsible for i) ensuring confidentiality of your organization’s username, password, and other sensitive information; ii) appointing competent individuals as administrators for managing your organization’s account; and iii) ensuring that all activities that occur in connection with your organization’s account comply with this Agreement. You understand that Private-Mail is not responsible for account administration and internal management of the Digital Services for you, and that your entire organization, including all of its users, agree to be and are bound by this Agreement, our Privacy Policy, our DMCA policy, and all future modifications or amendments to same. 

Maintaining Confidentiality of Your Username and Password

You are responsible for maintaining the confidentiality of your username, password, and other sensitive information.  You are responsible for all activities that occur with your account, username, or password, even if those activities were not authorized by you.  You must immediately notify us of any unauthorized use of your account, username, or password by contacting us via the phone number, live chat, or contact information posted on the Digital Services.  In addition, if you believe or suspect that your password has been compromised, you must promptly change your password using the functionality provided on the Digital Services.  We reserve the right to take any action we deem necessary or reasonable to maintain the security of the Digital Services and your account, including without limitation, suspending or terminating your account without notice.  We may rely on the authority of anyone accessing your account or using your username or password and in no event will we be held liable for any claims or damages resulting from such reliance or from the compromise of your account, username, or password.  Private-Mail will not be held liable for any action or inaction taken under this provision, or for any activities taken with your account, username, or password regardless of whether those activities are taken by you, an authorized user of your account, or an unauthorized user of your account. 

Use of Communications Services

The Digital Services may contain discussion boards, chat areas, blogs, news groups, forums, communities, web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). The Communication Services are considered part of the Digital Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the Communication Services.

The Communication Services cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. Private-Mail has no obligation to monitor the Communication Services. However, Private-Mail reserves the right to review materials posted to a Communication Service and to edit, refuse to post, or remove any information or materials, in whole or in part, in Private-Mail’s sole discretion and without notice.  Private-Mail may, for any or no reason, terminate your access to any or all the Communication Services (as well as the Digital Services) at any time without notice.  Private-Mail may disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Restrictions on Use
You agree to be solely responsible for any activities or actions taken with your account regardless of whether those activities or actions were taken by you, an authorized user, or an unauthorized user.  As a condition of your use of the Digital Services, you agree that you and any other users with access to your account shall not use the Digital Services for any purpose that is unlawful or prohibited by Private-Mail’s policies, terms, or conditions, such as, but not limited to:

  • Transferring the Digital Services or otherwise making them available to any other person or entity without prior written permission and subject to that third party agreeing to all of Private-Mail’s policies, terms, and conditions;
  • Providing any services based on the Digital Services without prior written permission;
  • Using the links to third-party websites without agreeing to those third-party websites’ policies, terms, and conditions;
  • Posting links to third-party websites;
  • Uploading, transmitting, possessing, receiving, transporting, or distributing any content 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 written consents and licenses;
  • Publishing any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
  • Forging headers, manipulating email identifiers, or otherwise creating a false identity to mislead any person as to the identity or origin of any communication;
  • Using the Digital Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Private-Mail or the Digital Services;
  • Taking any action that would interfere with another party’s use and enjoyment of the Digital Services;
  • Uploading or otherwise disseminating files that contain viruses, corrupted files, or any other software or program that may damage the operation of another's server, network, computer system, or resource;
  • Illicitly accessing data, systems, computers, or networks, including attempts to probe, scan, or test for vulnerabilities of a system or network or to breach security or authentication measures without the express written consent of the owner of the system or network;
  • Accessing Private-Mail’s data, systems, computers, or networks in order to either reverse engineer Private-Mail’s software or code, or to gather any information or intelligence to gain a competitive advantage, or to compete, with Private-Mail;
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the Digital Services;
  • Accessing or attempting to access the Digital Services using a method other than the interface and instructions that we provided;
  • Defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
  • Publishing, posting, uploading, distributing, or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
  • Publishing, posting, uploading, distributing, or disseminating any material that threatens or encourages bodily harm, injury, or destruction of property, or promotes any act of cruelty to animals;
  • Transmitting or sending unsolicited or commercial emails, promotional material, "junk messages," "spam," "chain letters," or "pyramid schemes";
  • Exploiting, transmitting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;
  • Violating any applicable local, state, national, or international law.

Export Control Policy
You accept full and personal responsibility for compliance with all applicable export control laws.  Private-Mail is not responsible for your failure to comply with all applicable export control laws.


ACCURACY, RELIABILITY, AND AVAILABILITY OF THE DIGITAL SERVICES
Private-Mail accuracy, reliability, availability, and quality of the Digital Services are not guaranteed. While Private-Mail takes commercially reasonable efforts in providing the Digital Services, Private-Mail will not be held responsible if any data is lost, delayed, misdirected, or otherwise inaccessible, or if the Digital Services are otherwise inaccurate, unreliable, or unavailable.  Also, Private-Mail may employ usage limits or suspend, block, or cancel any Digital Service at our sole discretion at any time without notification. Private-Mail does not guarantee the accuracy of any data, messages, packages, or emails received.


Electronic Payments
You may make one-time payments or schedule recurring payments by using a credit card, debit card, U.S. bank account, or other method of payment as designated by Private-Mail. Payment processing will be performed by a third-party compliant with Payment Card Industry Data Security Standards. Private-Mail does not accept payments directly. The designated third-party payment processor will collect credit card, debit card, or U.S. bank account information from you. We will not collect, store, or have any access to your credit card, debit card, or bank account information during the payment process. Payments will be processed promptly; however, several factors, many of which are outside our control, will contribute to when we receive a payment from you and credit it to your account. We make no representations or warranties regarding the amount of time needed to complete processing of a payment.


If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.


You represent and warrant that if you are making online payments that (i) all credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit or debit card company, as well as bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are authorized to make the payment with the credit card debit card, or bank account at issue.


FEES

The Digital Services are available under subscription plans of various durations. All accounts are offered as-is at the time of purchase and subject to changes in the applicable fee structure.  Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us a reasonable period of time, no less than 72 hours, prior to the renewal date. If you have not downgraded to a free plan and if you have not timely informed us that you do not wish to renew the subscription, you will be presumed to have authorized Private-Mail to charge the subscription fee to the Credit Card last used by you.


From time to time, we may change the price of any Digital Service or charge for use of Digital Services that are currently available free of charge. Any increase in charges will not apply until the expiration of your then current billing cycle. You will not be charged for using any Digital Service unless you have opted for a paid subscription plan.


The Client understands that Private-Mail is not obligated to honor typographical or other pricing errors and is not responsible for information or content provided on third-party websites or affiliates.  Private-Mail shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price that you were charged for any orders cancelled by Private-Mail.


Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts (which include accounts signed up for paid service where payment has not been timely made) that are inactive for a continuous period of 120 days or more. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and the option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Digital Services. Each Digital Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Digital Services is not sufficient to keep your user account in another Digital Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.


REFUND POLICY
If you are less than 100% satisfied with the Digital Services, in most cases we will refund your payment if the refund is requested within seven (7) days from the date of the purchase.  However, requests may be denied in certain cases, including those involving violations of this Agreement.  As another example, requests involving dedicated IPs will be denied. Private-Mail cannot guarantee that all external services will work or continue to work with your assigned dedicated or shared IPs.  Refunds may also be withheld in the event of a violation of this Agreement. Gift cards cannot be refunded to alternative payment gateways; cards that cannot be refunded to the source will be applied as a credit on your Private-Mail account.
You understand that by paying for Private-Mail service using BitCoin or another cryptocurrency as a preferred transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to fluctuations in market value in a very short period of time. The Client agrees that any refunds for transactions using BitCoin or another cryptocurrency will be assessed as the lower of the BitCoin or another cryptocurrency exchange rate to USD at the time of the refund disbursement, and that at the time of the original transaction or refund request.
website revisions & accuracy

Private-Mail and its service provider may from time to time revise the Digital Services and reserve the right to do so without recourse from you or any other user. You also agree that the Digital Services may contain inaccurate content—including potentially inaccurate pricing information associated with clerical or scriveners’ errors.  Private-Mail reserves the right to change or alter all content, including but not limited to pricing, present on the Digital Services at any time and for any or no reason.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE DIGITAL SERVICES IS AT YOUR SOLE RISK.  THE DIGITAL SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE DIGITAL SERVICES.  NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PRIVATE-MAIL, ITS EMPLOYEES, OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE DIGITAL SERVICES (OR ANY PART THEREOF) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE DIGITAL SERVICES, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE DIGITAL SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE DIGITAL SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU SOLELY BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE DIGITAL SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR USEFULNESS OF THE DIGITAL SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE DIGITAL SERVICES.  MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE DIGITAL SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE DIGITAL SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. 
PRIVATE-MAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE DIGITAL SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE DIGITAL SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE DIGITAL SERVICES OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. WE WILL NOT BE LIABLE FOR ANY ACTIONS TAKEN BY THIRD PARTIES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE DIGITAL SERVICES. 
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  TO THE EXTENT THAT IT IS DETERMINED THAT THE FOREGOING LIMITATION OF LIABILITY CONFLICTS WITH ANY OTHER LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT, THE AGREEMENT SHALL BE INTERPRETED IN FAVOR OF THE BROADEST LIMITATION OF LIABILITY POSSIBLE.  IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.


If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”


INDEMNITY

Except to the extent prohibited under applicable law, you agree to and shall defend, indemnify, and hold harmless Private-Mail and its officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs,  debts, and expenses (including attorney fees, costs, and other expenses associated with complying with a subpoena for information or other service of process) arising out of any violation of this Agreement or related to your use of the Digital Services, including but not limited to any activities, actions, or inactions taken (or not taken) with the Digital Services or with your account, username, or password regardless of whether those activities, actions, or inactions were taken (or not taken) by you, an authorized user, or an unauthorized user.  Private-Mail reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Private-Mail. Private-Mail will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Your defense and indemnification obligation will survive the termination of this Agreement and shall continue to be in effect, even after you cease using the Digital Services.


AGREEMENT TO ARBITRATE
You and Private-Mail agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this section (the “Agreement to Arbitrate”). Please read the Agreement to Arbitrate carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
If a dispute arises between you and Private-Mail, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Private-Mail related to the Digital Services.


You and Private-Mail each agree that any and all disputes or claims that have arisen or may arise between you and Private-Mail, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, PRIVATE-MAIL'S, OR EITHER OF OUR LICENSORS' INTELLECTUAL PROPERTY RIGHTS, shall be resolved exclusively through confidential, final, and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.  Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
YOU AND PRIVATE-MAIL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PRIVATE-MAIL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PRIVATE-MAIL DIGITAL SERVICES USERS.


The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in Orange County, Florida. If the value of the relief sought is $10,000 or less, you or Private-Mail may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Private-Mail subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and Private-Mail unless the arbitrator requires otherwise.


The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.


Notwithstanding any provision in this Agreement to the contrary, you and Private-Mail agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Private-Mail prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in this Agreement, any such termination shall not be effective until thirty (30) days after the version of this Agreement not containing the Agreement to Arbitrate is posted to the Digital Services, and shall not be effective as to any claim that was filed in a legal proceeding against Private-Mail prior to the effective date of termination.
To the extent that it is determined in any particular case that arbitration is not permitted, has been waived, or is otherwise unavailable, then the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in Orange County, Florida. You hereby submit to the jurisdiction and venue of said Courts.  You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Private-Mail, except as otherwise stated in this Agreement.  This provision shall not be read to conflict with the Agreement to Arbitrate. 


Claims and Disputes Must Be Filed Within One Year
To the extent permitted by law, and without limiting the effect of any disclaimer, release of liability, or agreement to indemnify contained herein, any cause of action or claim you may have with respect to your use of the Digital Services, including, without limitation, any Digital Services related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
SEVERANCE

If any term, clause, provision, or section of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall terminate this Agreement with the exception of the “Limitation of Liability and Warranty Disclaimer,” “Agreement to Arbitrate,” and “Indemnity” sections.  These sections survive this Agreement and your use of the Digital Services, and will be interpreted to apply to the fullest extent possible.

Additional Terms
No delay or failure by Private-Mail to enforce any portion of the Agreement shall be a waiver of any of its rights under the Agreement. The terms, conditions, rights, and licenses contained in this Agreement may not be transferred or assigned by you, but may be assigned by Private-Mail without restriction. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Private-Mail as a result of this agreement or your use of the Digital Services. Private-Mail's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Private-Mail's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Digital Services or information. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Private-Mail and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Private-Mail with respect to the subject matter of this Agreement.  Private-Mail may, for any or no reason, terminate your account and access to any or all of the Digital Services at any time without notice.