TERMS OF SERVICE
ZapaMail is a product of Alden Novak & Dodd Inc, 222 Main ST #252, Farmington CT 06032 USA, so when you read "we" or "us" in these Terms of Service (which we call "Terms") we are referring to that corporation. We are pleased that you have decided to use our products and services, all of which we refer to as the "Services."
These Terms govern our relationship with you, and the information you upload (which we call "Note Content"), so please read them carefully.
By using the Services, you agree to the Terms. If you don't agree with them, then don't use the Services.
1. Basic Terms
You are responsible for your use of the Services, for any Note Content you send using the Services, and for any consequences thereof.
You may use the Services only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that we provide may change from time to time, or be discontinued (permanently or temporarily), without prior notice to you.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or we have granted you written permission to do so.
3. Notes You Create
All Note Content is the sole responsibility of the person who originated such Note Content. We may not monitor or control the Note Content sent via the Services and, we cannot take responsibility for such Note Content.
You may not send Note Content that: violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
bullies, harasses, or intimidates; defames; is illegal or prohibited in these Terms.
4. Purchases and Payments
We use third-parties (such as, Apple's App Store and Google's Play Store, stripe.com, among others) to process your payment for our Services. (Please check the third-party service provider's relevant terms for details.)
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. BY ACCEPTING THESE TERMS, YOU AGREE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
Our prices include any sales taxes we are required to collect.
5. Modifying the Services and Termination
We may add or remove features, products, or functionalities, or suspend or stop the Services altogether at any time. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
We may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Alden Novak & Dodd Inc, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your Note Content; and (c) your breach of these Terms.
We try to keep the Services up and running, but we make no promises that we will succeed.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, DELIVERED THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE WILL BE RESPONSIBLE FOR.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALDEN NOVAK & DODD INC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR NOTE CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR NOTE CONTENT, EVEN IF ALDEN NOVAK & DODD INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ALDEN NOVAK & DODD INC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 2 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
9. General Terms
A. Waiver and Severability
If we fail to enforce any right or provision of these Terms it will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Connecticut without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Hartford County, Connecticut, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
These Terms, are the entire and exclusive agreement between you and us regarding the Services, and these Terms supersede and replace any prior agreements between you and us regarding the Services. No other person or company will be third party beneficiaries to the Terms.
We may revise these TERMS OF SERVICE from time to time, the most current version will always be at zapamail.com/terms.