PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THE "TOS" OR "AGREEMENT") CAREFULLY. THE TOS SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE MOBILE DOLLARS LLC PLATFORM, AND CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND MOBILE DOLLARS LLC. THE TOS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH MOBILE DOLLARS LLC AND YOU AGREE TO WAIVE THE ABILITY TO BRING CLAIMS AGAINST MOBILE DOLLARS LLC IN A CLASS ACTION FORMAT.
1. DESCRIPTION OF SERVICE. Mobile Dollars LLC ("MobileDollars") provides a web-based application (the "Platform") for managing notification and mobile marketing campaigns including mobile messaging capabilities (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an "AS-IS" basis and that MobileDollars assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).
2. YOUR REGISTRATION OBLIGATIONS. To purchase access to and use the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MobileDollars has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MobileDollars has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. PAYMENT AND FEES. Payment by Credit Card/Paypal. You hereby authorize MobileDollars to charge your credit card as set forth in the Payment Method section of the Registration Form to a monthly Service fee, and overage fees to MobileDollars at the rates set forth on mobiledollars.com/pricing or agreed upon rate. Your subscription to MobileDollars (and the Service available through MobileDollars) will commence when your payment for a Service is received by MobileDollars. Except as otherwise specified by you on the Registration Form, provision of the Service hereunder will automatically renew for additional periods equal to the expiring term of Term, or one year (whichever is shorter)
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify MobileDollars of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MobileDollars cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
6. MEMBER CONDUCT.
A. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MobileDollars, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Platform. MobileDollars does not control the Content posted via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MobileDollars be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Platform.
MobileDollars is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through MobileDollars and has no responsibility or liability with respect to the content of any individual Message. But MobileDollars may use programmatic means to filter or prescreen your messages and block your campaigns or account due to message keywords that MobileDollars has determined, in its sole description, may violate an applicable, rule, regulation, or law.
B. You agree to not use the Service to:
- upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or 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 nondisclosure agreements, or which violates the intellectual property rights of a third party ("Rights");
- upload, post, text message, email, transmit or otherwise make available any Content that does not comply with all federal, state, and local laws, including, but not limited to, anti-spam acts, consumer protection laws, the Telephone Consumer Protection Act, including the rules set forth in 47 C.F.R. § 64.1200 and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and any applicable regulations thereunder;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) through (vii) above.
C. You acknowledge that MobileDollars may or may not prescreen Content, but that MobileDollars and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any Content that is available via the Patform. Without limiting the foregoing, MobileDollars and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
D. You acknowledge, consent and agree that MobileDollars may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other 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 MobileDollars, its users and the public.
E. You guarantee that the subscribers in your account have granted you express consent to send them messages of the type that you intend to send them, in accordance with all applicable federal, state, and local laws and regulations, including the Telephone Consumer Protection Act. As part of its Service, MobileDollars provides you with tools to collect names, mobile phone numbers, email addresses, and other information on an opt-in basis and to help you import subscriber data. However, contact information may be imported only if your subscribers have given you consent to receive a specified type of messaging from you. You agree that you will not access, import, or use any third-party list of phone numbers or otherwise send any unsolicited messages while using the Service. You agree that you will monitor, and are solely responsible for, the messages that are sent back to you by message recipients, and that you will comply with any requests by message recipients to stop receiving messages. You agree that any individuals requesting "Do-Not-Call" status shall immediately be placed on your company's Do-Not-Call list, and you agree not to initiate any additional messages to any message recipients after they have made a Do-Not-Call or stop request. If for any reason MobileDollars suspects that the subscribers have not given you express consent, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber's phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive text messages from you of the type that you had sent. MobileDollars reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to suspension or cancellation of the Service at any time, at our sole discretion, and without prior warning or refund if you have not complied with these Terms and Conditions.
F. You shall use MobileDollars's service in compliance with all governing laws, regulations, and rules.
G. You agreed that you are responsible for any breach of these Terms and Conditions by your employees, agents, or any other users that have been authorized by you to use the Platform. Further, you agree that you are responsible for compliance with these Terms and Conditions by your employees, agents, or any other users that have been authorized by you to use the Service or Platform.
H. You understand that, subject to the provisions of these Terms and Conditions, MobileDollars grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license and right to use the Platform selected by you during the term agreed to by you and MobileDollars solely for your internal business purposes. You will not license, sublicense, sell, rent, lease, transfer, assign, or otherwise make the Platform available to any third party.
7. DOWNTIME & REFUND POLICY.
A. For purposes of this Agreement, a Unit of Downtime is one period of at least 1 day during which access to the Service is unavailable because of problems with hardware or system software. Downtime does not include:
- problems caused by factors outside of our reasonable control;
- problems resulting from any actions or inactions by you or any third party;
- problems resulting from your equipment and/or third party equipment not within our sole control; or
- network unavailability during scheduled maintenance of our network and/or web servers.
B. In any calendar month, we guarantee that Downtime will not exceed 1 Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 6pm and 8am. We work to ensure the functioning of all web servers through continuous monitoring by our staff.
C. If Downtime exceeds 1 Units of Downtime in any calendar month, we will, upon your written request, credit your account (a "Downtime Credit") in an amount equal to the pro-rata price for one (1) day of service, for each instance of Downtime as that term is defined herein.
D. To receive Downtime Credit, you must request such credit by sending an email to firstname.lastname@example.org within seven (7) days after the occurrence of Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (7). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to you within thirty (30) days of the expiration of your service agreement.
E. If you are unhappy with any aspect of the Service, please contact us and we will attempt to rectify the situation. Because we are providing a service, which starts when you create the account, we cannot provide a refund except when the Service has not been acceptable. This is at our discretion only. No refunds will be made if we terminate your account due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights. No bill credit will be given for a period of suspension.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE. MobileDollars does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to MobileDollars the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.
9. INDEMNITY. You agree to defend, indemnify and hold harmless MobileDollars, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content you submit, post, transmit or make available through the Service, (ii) your use of the Service or Platform, (iii) your connection to the Service or Platform, (iv) your violation of this Agreement, (v) your violation of any rights of another, or (vi) your violation of any law. This agreement includes, but is not limited to, lawsuits threatened or filed by third parties, as well as inquiries and investigations by local, state, and federal regulators.
10. GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that MobileDollars may establish general practices and limits concerning use of the Service but that MobileDollars has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
11. MODIFICATIONS TO SERVICE. MobileDollars reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Platform (or any part thereof) with or without notice. You agree that MobileDollars shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Platform.
12. TERMINATION. You agree that MobileDollars may, under certain circumstances and without prior notice, immediately terminate your MobileDollars account, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) your engagement in fraudulent, illegal or improper activities, (g) third party operator requirement, and/or (h) nonpayment of any fees owed by you in connection with the Service. You may terminate your access and use of the Service upon prior written notice to MobileDollars. In no event shall you be entitled to a refund of any fees paid to MobileDollars hereunder.
13. MOBILEDOLLARS'S PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to the Service or Platform shall remain the sole and exclusive property of MobileDollars. MobileDollars retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Service except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your MobileDollars I.D., account, account designation, password and other MobileDollars information), use of the Service, or access to the Service.
14. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBILEDOLLARS EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. MobileDollars MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES AS TO (a) THE SERVICE OR PLATFORM, (b) WHETHER THE SERVICE OR PLATFORM CONSTITUTES AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), AS THAT TERM IS USED IN THE TELEPHONE CONSUMER PROTECTION ACT, (c) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED THROUGH THE SERVICE OR PLATFORM, (d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR MATERIALS AND DATA VIA THE SERVICE OR PLATFORM, OR (e) WHETHER YOUR USE OF THE SERVICE OR PLATFORMIS LEGAL IN ANY PARTICULAR JURISDICTION. MOBILEDOLLARS ALSO MAKES NO REPRESENTATIONS, WARRANTS, OR PROMISES THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR (f) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILEDOLLARS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
15. REPRESENTATION BY YOU. You represent and agree that you have all power and authority and have procured all rights and licenses necessary to use and text enable those phone numbers utilized for the Service without the consent of any third party. In the case of shared-use phone numbers, you expressly represent that you are the Phone Number Owner.
16. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBILEDOLLARS, ITS EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, ATTORNEYS, REPRESENTATIVES, ASSIGNS, AND SUCCESSORS SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOBILEDOLLARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE OR PLATFORM; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR PLATFORM; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MobileDollars's service providers disclaim all liability with regard to MobileDollars' customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or related to the use of the Service provided under this Agreement. You hereby release MobileDollars' service providers from and against all claims, liability and damages arising out of or related to your of the services provided under this Agreement. You will be solely responsible for any third party claims, damages and liability arising out of, resulting from or caused by your use of the Service provided under this Agreement including, without limitation, any claims, damages and liability arising out of, resulting from or caused by any message or content generated by You.
NOTWITHSTANDING THE FOREGOING EXPRESS LIMITATIONS OF LIABILITY, YOU ACKNOWLEDGE AND AGREE THAT SHOULD MOBILEDOLLARS, ITS OFFICERS, EMPLOYEES, SUCCESSORS, OR ASSIGNS BE HELD LIABLE TO YOU FOR DAMAGES, INJURIES OR LOSSES OF ANY KIND, DIRECTLY OR DIRECTLY RESULTING FROM YOUR USE OF THE SERVICE OR PLATFORM, THE MAXIMUM TOTAL DOLLAR AMOUNT OF LIQUIDATED DAMAGES FOR ANY AND ALL OF YOUR CLAIMS, INJURIES, DAMAGES, OR LOSSES SHALL NOT EXCEED THE FEES PAID TO MOBILEDOLLARS FOR YOUR USE OF THE SERVICE. THIS LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
17. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
18. NOTICE. MobileDollars may provide you with notices, including those regarding changes to the Agreement, by either text message, e-mail, regular mail, or postings on the Service.
19. TRADEMARK INFORMATION. The trademarks, service marks, logos and product and service names of MobileDollars are trademarks of Mobile Dollars LLC (the "MobileDollars Marks"). You agree not to display or use in any manner, the MobileDollars Marks without MobileDollars' express prior written consent.
20. DISPUTE RESOLUTION**. Any dispute arising FROM OR RELATING TO this Agreement shall be settled and determined by binding individual arbitration in Miami, Florida in accordance with the provisions of the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., as amended (the "FAA"). The terms of the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") then in effect hsall apply except to the extent that they conflict with the express provisions of this Agreement. Arbitration shall be conducted by one (1) independent arbitrator. The parties shall endeavor to select the independent arbitrator by mutual arbitration; if not, the selection of the arbitration shall be made in accordance with the Rules. The arbitrator may, in his or her discretion, award to any party specific performance or injunctive relief (provided, however, that the foregoing does not limit the terms of this Agreement and MobileDollars' access to the courts as provided below). The arbitration may not change, modify, or revise any condition or provision of this Agreement. Expect as provided in the FAA, the arbitration award will be final and binding on the parties and no appeal of any kind may be taken by either party. Judgment may be entered by any court of competent jurisdiction. Each party waives the right to litigate in court or arbitration any claim arising from or relating to this Agreement as a class action.**
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. MobileDollars respects the intellectual property of others, and we ask our users to do the same. MobileDollars may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to MobileDollars' Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property infringement should be addressed to: Claims Reviewer, 4260 NW 1st Ave Bay 57, Boca Raton, FL 33431, ATT: MobileDollars. You may also email us: email@example.com.
22. GENERAL INFORMATION.
A. Choice of Law and Forum. This Agreement and the relationship between you and MobileDollars shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and MobileDollars agree to submit to the personal and exclusive jurisdiction of the courts located within Miami, Florida.
B. Relationship of the Parties. Nothing in this Agreement is intended by you or MobileDollars to create or be construed as a joint collaborative venture, partnership, agency relationship, fiduciary relationship, or relationship of any kind between you or MobileDollars, nor shall anything in this Agreement be construed as constituting or creating any agency relationship or joint or collaborative venture or partnership between you and MobileDollars, its employees, or its agents.
C. Waiver and Severability of Terms. The failure of MobileDollars to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. If any provision of this Agreement 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 the other provisions of this Agreement remain in full force and effect.
D. Non-Transferability. You agree that your MobileDollars account is non-transferable, and this Agreement may not be assigned by you without MobileDollars's prior written consent.
E. Entire Agreement. This Agreement constitutes the entire agreement between you and MobileDollars and governs your use of the Service, superseding any prior agreements between you and MobileDollars with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from MobileDollars.
F. Headings. The headings in this Agreement are inserted merely for the purpose of convenience and shall not affected the meaning or interpretation of this Agreement.
G. Attorney's Fees and Costs. In any action to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs in connection with such action.
H. Electronic Communications and Signatures. You agree to the use of electronic communications, including e-mail, to enter into agreements and place orders, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Service. You also agree to waive any rights or requirements, to the extent permitted, under any laws or regulations that require an original signature or delivery or retention of non-electronic records.
Updated June 7, 2019.