THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR PURCHASING SERVICES THROUGH THE WEBSITE.
During the term of this Agreement, SendViper shall provide subscribed users with authorization to utilize its service that facilitates the creation, design and deployment of commercial email marketing campaigns (the “Service”). The Service’s Internet-based image/data storage and communications hosting technology also includes access to list management and reporting tools.
Unless otherwise set forth herein or required by applicable law, SendViper may, in its sole discretion, modify, replace or add to the Website and/or Service described herein (including, without limitation, improving or adding new or changed features or functionality (or both)) from time to time, without notice. Unless required by applicable law, Send Viper may change any of the terms by posting a revised Agreement on the Website and/or by sending an email to the last email address you gave us ( unless you terminate your account within 7 days, the new Agreement will be effective immediately and apply to any continued or new use of the Service).
In the case of a material change in the terms of the automatic renewal or continuous Service offer, SendViper shall provide you with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained.
Use of the Website and Service is void where prohibited.
2. Account Creation
To create an account and become a registered user, simply provide your first name, last name, email address and telephone number. In order to subscribe to the Service, just select your managed email marketing package and authorize payment.
All users expressly agree to provide accurate and complete contact/billing information, and to notify SendViper immediately upon any material changes thereto. Following your creation of an account through SendViper’s registration process and subscribing to the Service, you shall be provided with a login ID, password and your own domain name that is registered in your name . SendViper does not have access to your password. It is your sole responsibility for maintaining the confidentiality of your registration information, including your account password. SendViper is not responsible for any losses or damages that may result therefrom. You agree to immediately notify SendViper if the security of your account has been compromised. Unless otherwise set forth herein or required by applicable law, SendViper retains sole and absolute discretion to refuse the Service, terminate account access and modify eligibility requirements, at any time and without notice.
You or SendViper may terminate your subscription at any time and for any reason by providing written notice thereof. Note, however, that unless otherwise set forth herein or required by applicable law, you will be charged for the full monthly payment cycle, regardless of the date upon which you terminate your subscription.
SendViper may suspend and terminate your access to the Service and delete all related account data and emails, at any time, with or without cause. Unless we terminate your account access for cause, which may include, without limitation, a violation of this Agreement, failure to make payment or three (3) months or more of account inactivity, SendViper may refund a prorated portion of your payments.
3. Account Term and Automatic Renewal
User subscriptions are for a pre-paid monthly subscription term (“Initial Term”). Your Initial Term commences when you register and subscribe for the Service by selecting your managed email marketing package and consummate a purchase (e.g., the day of your first monthly payment), and renews automatically on a month-to-month basis, at the same price, until you cancel (each a “Renewal Term).
So for example if you subscribe on June 15, you will be re-billed on July 15, and again, automatically, on the same date thereafter for each subsequent month unless you timely cancel as set forth herein. Payments are due each month on the same or closest date that you made your first monthly payment. If you have a subscription payment scheduled for a day that does not occur in a given month (e.g., the 30th does not occur in February), billing will occur on the last available day of the month. Thereafter, the payment will occur on the newly established day of the month (e.g., If a monthly subscription is scheduled for the 31st day of each month, we will create the charge on the 30th of April, June, September, and November, and the 28th of February (or the 29th, if it exists). The following month, we will create the charge on the 31st, as usual).
4. Notice of Automatic Renewal
Following your creation of an account through SendViper’s registration process and subscribing to the Service , you will receive an email from SendViper that includes, without limitation, the material terms and information regarding how to cancel. All notices regarding your user subscription may be sent to your last email of record.
SENDVIPER OFFERS PAYMENT BY CREDIT CARD OR BY DEBIT CARD. YOU AUTHORIZE SENDVIPER TO AUTOMATICALLY CHARGE YOU FOR THE SERVICES VIA THE SELECTED PAYMENT METHOD, AND YOU AGREE TO MAKE PAYMENT USING SUCH PAYMENT METHOD, UNTIL YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH IN THIS AGREEMENT. YOUR NON-TERMINATION (DORMANT/INACTIVE ACCOUNTS) OR CONTINUED USE OF THE SERVICE REAFFIRMS THAT SENDVIPER IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD. YOU EXPRESSLY AGREE TO PROVIDE (AND MAINTAIN) CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU ALSO EXPRESSLY AGREE THAT SENDVIPER MAY RECEIVE AND USE UPDATED PAYMENT METHOD INFORMATION PROVIDED BY FINANCIAL INSTITUTIONS OR PAYMENT PROCESSORS, SUCH AS UPDATED EXPIRATION DATES OR ACCOUNT NUMBERS. YOU AGREE TO DIRECTLY PAY ALL AMOUNTS DUE UPON DEMAND FROM SENDVIPER IF WE DO NOT RECEIVE PAYMENT FROM YOUR SPECIFIC PAYMENT METHOD PROVIDER. IF WE ARE UNABLE TO PROCESS VIA YOUR PAYMENT METHOD, SENDVIPER WILL ATTEMPT TO CONTACT YOU AND SHALL SUSPEND YOUR ACCOUNT UNTIL PAYMENT CAN BE PROCESSED. YOU AGREE TO REIMBURSE SENDVIPER FOR ALL COLLECTION COSTS AND INTEREST FOR ANY OVERDUE AMOUNTS.
After your Initial Term, and again after each subsequent term Renewal Term, your user registration will automatically continue for additional monthly periods at the same price unless you cancel. Note, that unless otherwise set forth herein or required by applicable law, you will be charged for the full monthly payment cycle, regardless of the date of your cancellation.
When you are ready to begin using the Service, we are pleased to offer you the following user registration package rates:
Monthly Email Credits Package Rates:
• 50,000 email credits for $27.00 per month
• 100,000 email credits for $47.00 per month
• 250,000 email credits for $97.00 per month
• 500,000 email credits for $207.00 per month
• 1,000,000 email credits for $397.00 per month
In connection with the Service, users shall be permitted to market to a specific number of contacts or number of emails credits each month, according to the package selected above. The monthly service fee includes, but may not be limited to, sending broadcast campaigns and autoresponders, real-time tracking, reporting statistics, reputation monitoring, personalization, automated opener lists, dedicated support, one free sending domain, "Profit Strike" access commencing with the Initial Term. All contacts, not including duplicate contacts, through the Service during each corresponding monthly period shall count towards your current Contacts Package for the purposes of calculating any applicable fees. Rates and fees are also posted on the Website and are subject to modification. Please note that unless otherwise set forth herein, if you exceed your monthly package limits, SendViper will not send any further emails until contacts are removed to meet current package limits or an upgrade to the next package up is initiated and subscribed to.
Monthly contact packages have the ability to send unlimited broadcasts, this does not mean unlimited emails. *“Unlimited”, meaning you may send unlimited broadcasts per day up to the limit of your monthly contacts package limit. Example for a 10,000 contacts package – 4 lists containing 2,500 contacts each can send one broadcast per list per day.
Payments will automatically be charged to the same credit card (or applicable payment method) that you used for the original user registration. Please notify SendViper at Support via email@example.com immediately upon any changes to your email, account or billing information. Each Renewal Term price will be the same price as for the Initial Term unless SendViper provides you advance notice of a price change. You will also receive a notice if there are any changes to the user registration terms or the Agreement.
YOU ACKNOWLEDGE THAT YOUR USER REGISTRATION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD BASED ON THIS USER REGISTRATION AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE USER REGISTRATION FEES.
Charges will appear as “SENDVIPER.COM”. You may cancel your membership subscription and avoid recurring charges by contacting us via email at firstname.lastname@example.org , via telephone at (917) 397-0383 (10 AM – 5 PM E ST) or by writing to us at Monster Clicks LLC, Attn: Support, 3773 Howard Hughes Pkwy, Suite 500 South, Las Vegas, NV 89169-6014, United States (effective when deposited in the mail properly addressed with postage prepaid). You may also cancel your membership subscription anytime. Email us at email@example.com to request a copy of this User Subscription Automatic Renewal Policy.
Please be certain to review the terms of this Agreement frequently. SendViper reserves the right to modify this Agreement and our policies, and/or modify the prices charged for the Service offered in our sole discretion and at any time, and with the exception of a material change in the automatic renewal terms, with or without notice to you. In case of a material change in automatic renewal terms or as otherwise legally required, SendViper will provide you with notice of such change and information regarding how to cancel. Notwithstanding the foregoing, SendViper shall honor price quotations provided to you prior to any price modification.
6. Account Cancellation
Your Initial Term commences when you register and subscribe for the Service by selecting your managed email marketing package and consummate a purchase (e.g., the day of your first monthly payment), and renews automatically on a month-to-month basis, at the same price, until you cancel (each a “Renewal Term”).
IF YOU FAIL TO CANCEL AT LEAST TWENTY FOUR (24) HOURS PRIOR TO THE END OF THE INITIAL SUBSCRIPTION TERM OR ANY RENEWAL TERM (BEFORE MIDNIGHT, EASTERN STANDARD TIME), YOUR USER SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL TERMS. PAYMENTS ARE DUE EACH MONTH ON THE SAME OR CLOSEST DATE THAT YOU MADE YOUR FIRST MONTHLY PAYMENT. YOU MAY CANCEL YOUR USER SUBSCRIPTION AT ANYTIME.
Unless set forth otherwise herein, you may cancel your membership subscription and avoid recurring charges using one of these following four options. 1. In your SendViper account by visiting your My Account area under the My Plan tab then clicking on the “Cancel Subscription” button and following the prompts, 2. by contacting us via email at firstname.lastname@example.org, 3. via telephone at (917) 397-0383 (10 AM – 5 PM EST or 4. by writing to us at Monster Clicks LLC, Attn: Support, 3773 Howard Hughes Pkwy, Suite 500 South, Las Vegas, NV 89169-6014, United States (effective when deposited in the mail properly addressed with postage prepaid).
Cancellations are effective at the end of the then-current membership subscription term for which you have already paid and, unless you have materially breached the Agreement, your account will remain active following your notice of cancellation. Following your notice of cancellation and the expiration of the applicable subscription term, your user subscription will not be renewed . Note, that unless otherwise set forth herein or required by applicable law, you will be charged for the full monthly payment cycle, regardless of the date of your cancellation.
Please keep a record of when your Initial Term and any Renewal Term ends. You are responsible for timely canceling your user subscription regardless of whether you receive any notice from SendViper.
7. Additional Cancellation Rights
If you are a subscribing user, you also have the following additional user subscription automatic-renewal cancellation rights.
• If by reason of death or Disability (as defined below) you are unable to receive all Service for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Service other than those received before death or the onset of disability. If you have prepaid any amount for Service, so much of the amount prepaid that is allocable to Service that you have not received shall be promptly refunded to you and your representative. “Disability” means a condition which precludes you from physically using the Service specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to SendViper. If the physician determines that the duration of the disability will be less than six months, SendViper may extend the term of the Agreement for a period of six months at no additional charge to you in lieu of cancellation; or
• If you permanently relocate your primary residence further than fifty (50) miles from any area in which SendViper offers the Services.
Upon such election, your user subscription benefits will cease and you will receive a prorated refund of the membership subscription fee paid, applicable.
Expressly subject to the foregoing restrictions, to cancel your membership subscription and avoid recurring charges use one of these following four options. 1. In your SendViper account by visiting your My Account area under the My Plan tab then clicking on the “Cancel Subscription” button and following the prompts, 2. by contacting us via email at email@example.com, 3. via telephone at (917) 397-0383 (10 AM – 5 PM EST or 4. by writing to us at Monster Clicks LLC, Attn: Support, 3773 Howard Hughes Pkwy, Suite 500 South, Las Vegas, NV 89169-6014, United States (effective when deposited in the mail properly addressed with postage prepaid).
SendViper is a pay as you go service and does not offer refunds for amounts already applied and charged to your credit card or debit card. Unless otherwise set forth herein or in SendViper’s sole discretion, we do not offer refunds under any circumstances, including, without limitation, for un used days or credits.
9. Intellectual Property Rights and Limited License
You are granted a limited, non-sublicensable and revocable license to access and use the Website and Service, subject to the terms and conditions of this Agreement. The Website and Service, and all intellectual property rights related thereto, are the exclusive property of SendViper and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of SendViper.
Any use of the Website or Service other than as expressly authorized herein, without the prior written consent of SendViper is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. SendViper reserves all rights not expressly granted herein in the Website and Service.
You agree to transfer mutually shared intellectual rights to any data analytics that is collected during the normal email sending process. The Website and Service becomes the sole owner of all Data & Email Records that is uploaded to SendViper.com. Data shall remain proprietary to the user for 21 days after the user has uploaded both consumer data and email records. After 21 days You are agreeing to transfer all rights to any email list that is uploaded to SendViper.com. The Website or Service is not liable to share any profits derived from consumer records, data, email records, analytics with the user of SendViper.com.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENDVIPER AND ITS AFFILIATED ENTITIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARDS TO THE WEBSITE AND SERVICE, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. WITHOUT LIMITING THE FOREGOING, SENDVIPER DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL MEET A USER’S NEEDS OR REQUIREMENTS, OR THOSE OF ITS AUTHORIZED USERS, THAT THE OPERATION OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. UNLESS EXPRESSLY STATED OTHERWISE IN WRITING HEREIN, SENDVIPER MAKES NO WARRANTY OR ANY REPRESENTATION OR COMMITMENT REGARDING THE USE, QUALITY, NATURE, AVAILABILITY OR THE RESULTS OF THE WEBSITE OR SERVICE (INCLUDING WITHOUT LIMITATION INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICE) IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, OR OTHERWISE. EACH USER OF THE WEBSITE AND/OR SERVICE WARRANTS THAT IT HAS NOT RELIED ON ANY INFORMATION OR REPRESENTATION PROVIDED BY OR ON BEHALF OF SENDVIPER WHICH IS NOT EXPRESSLY INCLUDED IN THIS AGREEMENT. USE OF ANY INFORMATION OBTAINED VIA THE WEBSITE OR SERVICE IS ENTIRELY AT A USER’S OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SENDVIPER, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES/DATA OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SENDVIPER’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL SENDVIPER’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE OR SERVICE, EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNT OF FEES FOR SERVICES PAID BY YOU DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DISPUTE, OR (B) $100.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS AND, AS A RESULT, THE CONTENTS OF THE FOREGOING MAY NOT APPLY TO YOU.
You and your successors and assigns shall indemnify, defend, and hold harmless SendViper, its subsidiaries and affiliates, each of their directors, officers, managers, agents, contractors, partners and employees, and their successors and assigns (“Indemnified Parties”) from and against and in respect of any and all demands, judgments, losses, costs, expenses, obligations, liabilities, damages, fines, recoveries and deficiencies, including without limitation interest, penalties, reasonable attorneys’ fees and costs (collectively, “Losses”) in connection with a third-party claim, action, suit or proceeding (each, a “Claim”) that any such Indemnified Parties may incur or suffer, which arise, result from, or relate to: (i) your breach of any term or condition of the Agreement or other SendViper terms; (ii) your use of the Website or Service; (iii ) your (or your authorized agent’s) violation of SendViper’s policies or any applicable laws rules or regulations; (iv ) any content or other materials provided by you through or in connection with the Website or Service, including, without limitation, content that violates the intellectual property rights of a third-party; or ( v) your email marketing and/or advertising practices.
Indemnified Parties shall promptly notify you in writing of any Claim and give you all information, cooperation, assistance, and authority reasonably necessary for you to evaluate and defend such Claim if the tender of defense and indemnity is accepted without a reservation of rights. In the event you accept the tender of defense with a reservation of rights, reject the tender of defense or fail to respond to the ender of defense, Indemnified Parties shall thereafter have the right to control of the defense of such Claim, including the right to select which firm defends the Claim, until such time as you accept your obligation to defend without a reservation of rights. You shall obtain each Indemnified Parties’ express prior written approval (such approval not to be unreasonably withheld or delayed) to settle any Claim if such settlement: (i) arises from or is part of any criminal action, suit or proceeding; (ii) contains a stipulation to or admission or acknowledgment of any liability or wrongdoing on the part of the Indemnified Parties; (iii) requires any specific performance or other equitable remedy by the Indemnified Parties; or (iv) requires the payments of any amounts by the Indemnified Parties.
For the avoidance of doubt, Company shall have no right to be indemnified by SendViper.
13. Copyright Policy
If you are a copyright owner or an agent thereof and believe that anything on the Website or sent through the Service infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of where the material that you claim is infringing is located (include URLs to help SendViper identify the material);
iv. Your address, telephone number, and email address;
v. A written 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; and
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SendViper’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent, MonsterClicks LLC, 3773 Howard Hughes Pkwy, Suite 500 South, Las Vegas, NV 89169-6014, United States. Email: firstname.lastname@example.org (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded).
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SendViper and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SendViper’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
14. Export Compliance
You represents and warrants that you shall at all times comply with all relevant export control laws and regulations of all countries in which you conduct business, including, without limitation, the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”), Foreign Assets Control Regulations, Foreign Trade Regulations and U.S. Customs Regulations, as applicable (collectively, “Export Control Laws”). You further represent and covenant that you shall not utilize the Service or any software or systems, directly or indirectly, either: (i) for the sale, resale or distribution of products or materials which are intended for a prohibited end-use; (ii) to engage in any transaction with an individual or entity located in an embargoed or sanctioned country in violation of applicable Export Control Laws; or (iii) in any other manner which would constitute a violation of applicable Export Control Laws. Your obligations set forth herein shall be considered material obligations.
15. Arbitration; Choice of Law and Venue
YOU AND SENDVIPER AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION, as follows:
ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US THAT RELATES TO THE WEBSITE OR SERVICE, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against SendViper, and also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of SendViper. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. § 1 et seq.) and not any state law applies to this arbitration agreement.
YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this Agreement.
The location for the arbitration will be Cheyenne, Wyoming.
If the arbitration is before the AAA, the then current Commercial Arbitration Rules shall apply.
If for some reason the prohibition on class arbitrations set forth herein above cannot be enforced, then the agreement to arbitrate will not apply.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SENDVIPER AGREE THAT THERE WILL NOT BE A JURY TRIAL.
SENDVIPER may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Cheyenne County, Wyoming, in lieu of and despite the alternative dispute resolution provision above. Each party agrees that due to the unique nature of the Service, there may be no adequate remedy at law for any breach by a user of its obligations hereunder, and that any such breach may result in irreparable harm to SendViper. Therefore, upon any such breach or threat thereof, SendViper shall be entitled to appropriate equitable relief, including without limitation injunctive relief, in addition to any and all remedies available at law. SendViper shall be entitled to an award of its reasonable costs and expenses, including attorneys’ fees, in any action or proceeding in connection with, arising out of, or under the Agreement, including, without limitation, responding to a third-party subpoena related to your account. This Agreement, together with any and all SendViper terms and/or polices, shall be treated as though it were executed and performed in Cheyenne County, Wyoming and shall be governed by and construed in accordance with the laws of Cheyenne without giving effect to any choice of law or conflict of laws rules or provisions. When the this arbitration provision is inapplicable, any legal claims arising out of or relating to the Agreement must be brought in the federal or state courts located in the County of Cheyenne, Wyoming, and you consent to jurisdiction and venue in those courts.
16. Inurement and Assignment
This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign the Agreement, or assign your rights or delegate your duties hereunder (whether directly or indirectly, in whole or in part, by operation of law or otherwise) without the prior written consent of SendViper. Notwithstanding the foregoing, in the event of a merger, acquisition, joint venture, change of control, or sale of substantially all of its assets or business of a party (or any substantially similar transaction), and so long as the entity to which the Agreement is assigned is not a direct competitor of the other SendViper, you shall be entitled (upon written notice to, but without the prior written consent of, the SendViper) to assign the Agreement to the surviving entity in connection with such transaction. At the option of SendViper, you agree to guarantee, in writing, the performance of the assignee.
Any and all provision of this Agreement that are reasonably intended to survive termination to fulfill their essential purpose, including, without limitation, provisions related to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification and dispute resolution, shall so survive.
18. Your Privacy Rights
19. Abuse and Feedback
We welcome inquiries!
You may report abuse (e.g., suspected SPAM), inquire regarding billing, report violations of our DMCA Copyright Policy (See, Section XIV) and/or submit questions, comments, feedback, suggestions relating to the Website or Service by notifying us via email at email@example.com, via telephone at (917) 397-0383 (10 AM – 5 PM EST) or by writing to us at Monster Clicks LLC, Attn: Support, 3773 Howard Hughes Pkwy, Suite 500 South, Las Vegas, NV 89169-6014, United States.
When reporting suspected SPAM, please be certain to provide us with the applicable email header information. All such submissions, regardless of how provided, shall be considered the sole property of SendViper and we shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all such submissions, commercial or otherwise, without acknowledgment or compensation to you.
You understand and agree that if SendViper believes, in its sole discretion, that a user has violated the terms of this Agreement or any other SendViper policies, misused the Website or Service, or behaved in a way that could be regarded as inappropriate or unlawful, we may, without limitation, investigate, take legal action against you and/or terminate your account and cancel your subscription.
SendViper notices to you shall be sent to the email or physical mailing address (U.S. mail or express delivery service) that you provided during registration and shall be deemed given upon transmission.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Unless otherwise set forth in writing, no remedy referred to in this Agreement is intended to be exclusive. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be conformed to prevailing law rather than voided, if possible, in order to achieve the intent of the parties and, in any event, the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto.
The parties hereto are independent contractors. There is no relationship of partnership, agency, employment, franchise, or joint venture between the parties. Neither party has the authority to bind the other, or incur any obligation on its behalf.
Except as expressly provided herein, nothing in the Agreement is intended or shall be construed to give any person other than the parties hereto, their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of the Agreement or any provision contained herein.
22. Execution, Electronic Signatures
You acknowledge and agree that by clicking on the button labeled “Agree” or such similar links/functionalities as may be designated by SendViper to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute its intent to be bound by this Agreement and all terms contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICE OFFERED BY SENDVIPER. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.