Terms of service

Agreement Between User and Collecting.email

Welcome to Collecting.email. These Terms of Use (the “Terms”) are a legally binding contract between you and Collecting.email, Inc. The Collecting.email website and other services provided by Collecting.email, Inc. (our “Services”) are comprised of various web pages operated by Collecting.email, Inc. (“Collecting.email”). This contract sets out your rights and responsibilities when you use our services. Using any of our Services (including just browsing one of our websites) is offered to you on condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Collecting.email constitutes your agreement to all such Terms. If you don’t agree with the Terms, you may not use our Services. Please read these terms carefully, and keep a copy of them for your reference.

Please note that in the Disputes section with Collecting.email, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Collecting.email is a service that accepts form submissions and collects emails. The service provides a backend for website forms that collects email addresses that are submitted.

Privacy

Your privacy is important to us, and your use of Collecting.email is subject to Collecting.email’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Collecting.email or sending emails to Collecting.email constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing and that your electronic agreement is the same as your signature on paper.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Collecting.email is not responsible for third party access to your account that results from theft or misappropriation of your account. Collecting.email and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Collecting.email does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Collecting.email only with permission of a parent or guardian. You are responsible for any and all account activity conducted by a minor on your account.

Third party Services

Collecting.email may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Collecting.email and Collecting.email is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Collecting.email is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Collecting.email of the site or any association with its operators.

Certain services made available via Collecting.email are delivered by third party sites and organizations. By using any product, service or functionality originating from the Collecting.email domain, you hereby acknowledge and consent that Collecting.email may share such information and data with any third party with whom Collecting.email has a contractual relationship to provide the requested product, service or functionality on behalf of Collecting.email users and customers.

Intellectual Property

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Collecting.email strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Collecting.email that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. This includes any local, state, federal, and international laws that may apply to you.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Collecting.email or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Your Use of Our Services

As a global company based in the US with operations in other countries, Collecting.email must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. You may not use the Services to enable any person (including you) to benefit any activities Collecting.email has identified as a prohibited business or activity (collectively, “Prohibited Businesses”).

Prohibited Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). You may not use Collecting.email to enable individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You are responsible for paying all fees that you owe to Collecting.email. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree not to “crawl,” “scrape,” or “spider” any page of the Services. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

As a condition of your use of the Site, you agree that you will not use the Site in relation to any website that contains prohibited content (“Content”). This includes, but is not limited to the following Content:

• Content of an illegal nature
• Content that has the potential to cause harm or incite hate, or content that could be considered as slanderous or libelous. Collecting.email reserves in its sole judgement the right to determine Content that meets this criteria.
• Content that is designed to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance.
• You may not use the Site to transmit malware or host phishing pages. You may not use the Site for deceptive commercial practices or any other illegal or deceptive activities.

Collecting.email reserves the right to add or remove Content at any time. The final choice of whether an account is in violation of any of these policies is at the sole discretion of Collecting.email.

We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Collecting.email are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub- licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

International Users

The Service is controlled, operated and administered by Collecting.email from our offices within the United State of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Collecting.email Content accessed through Collecting.email in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Collecting.email, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Collecting.email reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Collecting.email in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COLLECTING.EMAIL.IO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

COLLECTING.EMAIL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLLECTING.EMAIL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLECTING.EMAIL, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLLECTING.EMAIL, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

Under no circumstances will Collecting.email be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or Collecting.email have been advised of the possibility of such damages. Collecting.email is not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your Collecting.email Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. Collecting.email further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Collecting.email under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Collecting.email during the three-month period immediately preceding the event that gave rise to your claim for damages.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

We provide the Services from facilities in the United States. We do not claim, and we cannot guarantee that Services we provide from the United States are or will be appropriate or available for any other location or jurisdiction, comply with the Laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use.

Chargeback and Refund Policy

Customer shall pay the fees applicable to the Paid Plan that the Customer account is eligible for. Customer account will be subject to an optional upgrade once the account exceeds the thresholds of the free tier. Customer is required to upgrade to the Paid Plan to continue access to the Service once this happens. Customer may opt to downgrade to the free plan that Collecting.email is currently offering at any time during Customer’s subscription term; provided that a downgrade will not be effective until the renewal of subscription term.

All fees are non-cancelable and non-refundable, including in case of Customer’s termination of the subscription term. Customer pays in advance total fees for the subscription term, and in advance at renewal for any renewal term. No refunds will be provided for the unused portion of the subscription term or renewal term in case of termination. Following any termination, however, Customer will continue to have access to the Paid Plan Services through the end of Customer’s then- current subscription term.

Collecting.email reserves the right to change the fees or to institute new charges or to otherwise change the terms and conditions applicable to the Paid Plans; provided, however, that any such changes will apply only (a) to new Services procured after the changes; and (b) to continuing Services for any renewal term(s) starting after notice of such changes was provided or such earlier time as Customer affirmatively accepts the modified terms.

Customer is responsible for all sales, use, value added and similar taxes of any nature associated with Services other than U.S. taxes based on Collecting.email’s income.

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

Collecting.email has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

If an account is suspended for violation of Terms, Collecting.email is not obligated to provide a refund, and will do so solely at its discretion.

Publicity

You agree that we may identify you as a customer in our promotional and marketing activities and on our website.

Termination and Access Restriction

Collecting.email reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Collecting.email as a result of this agreement or use of the Site. Collecting.email’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Collecting.email’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Collecting.email with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Collecting.email with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Collecting.email with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Collecting.email reserves the right, in its sole discretion, to change the Terms under which Collecting.email is offered. The most current version of the Terms will supersede all previous versions. Collecting.email encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Collecting.email welcomes your questions or comments regarding the Terms. You may contact us via email at [email protected].