Term of Services
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USED OF AND ACCESS TO OUR SERVICES (DEFINED BLOW) WILL INDICATE YOU TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW ("TERNS AND CONDITIONS"). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to WishMail!
By purchasing any services from WISHMAIL, LLC including Scheduling Email Services (as defined below), by using any of WISHMAIL, LLC services, or by accessing any areas of the / website (collectively, the “Services”), you agree to be legally bound and to abide by the terms and conditions set forth below.
WISHMAIL, LLC is owned and operated by WISHMAIL, LLC, LLC, a California limited liability company. Any references herein to WISHMAIL, LLC, the “Company”, “we,” “our” or “us” shall be deemed to refer to WISHMAIL, LLC, LLC and its affiliates.
Restrictions on Use
All pages and other materials within or displayed, performed, download or otherwise made available through this website (collectively the “Site”) are the property of the Company. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without our express written permission. Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the Company.
If you purchase our services (“Schedule Emails in Advance Services”), you agree that we will send emails with your permission unless you cancel your scheduled emails on time. All the emails sent from our site will use email@example.com as the sender. SMS (“Short Message Service”), Phone Calls, or Email Notifications (Reminders) will be send accordingly to the membership plan. If emails scheduled are not cancelled before 12:00 pm PST on date scheduled will be delivered to the recipient assigned with any attachments involved. Once the email is delivered, the email will be erased from our site and attachments will be deleted 30 days after.
WISHMAIL, LLC is not responsible for emails not been delivered due to invalid recipient email address. Members are responsible to type valid recipient email address while scheduling emails in our site. All emails (“without exception”) will be deleted from our site after the scheduled email is been send even if recipient email address is not reachable.
Due to the nature of our Membership Services. Accordingly, you agree that you shall not: (i) use our services and attach any material involving child pornography; (ii) use our services as a method of extortion; (iii) make or attempt any unwanted sexual advance or statement to us; (iv) use our services to threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against us or any other recipient; (v) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; (vi) use our Services to engage in any behavior that discriminates against us or any recipient because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of this section shall be deemed a material breach of these Terms and Conditions, and may result in the termination of the Services.
Paying for Our Services
Our Membership Services are subject to payments now and in the future (the “Paid Services”). We will provide you the features for such Paid Services through our Site (“Memberships”) based on the membership plan paid. Please note that any terms presented to you on our Site or during the process of using a Paid Service are deemed part of these Terms and Conditions. Notwithstanding the foregoing, if any provision contained in a Proposal conflicts with any provision in these Terms and Conditions, the provision contained in these Terms and Conditions shall govern and control. You agree to pay the cost of the membership selected and you agree with these Terms and Conditions and the terms of such membership terms.
We may use a third-party payment processor (the “Payment Processor”) to bill you for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, we will hold or cancel your membership account immediately.
Our Membership Services consist of recurring charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, QUARTERLY, ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE NOTIFY US AT THE CONTACT INFORMATION SET FORTH ON THE SITE.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. YOU CAN CHANGE YOUR INFORMATION BY ACCESSING YOUR MEMBERSHIP ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THIS INFORMATION OR TO KEEP IT UP TO DATE, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE MEMBERSHIP SERVICES UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH IN YOUR PROPOSAL FOR PAID SERVICES.
The membership subscriptions can be upgraded, downgraded or cancelled at any time. If you terminate a Month-to Month, Quarter-to-Quarter-, Year-to-Year, we will provide you access to your membership until the end of the Month, Quarter, Year of which your Notice Period ends (“Month-to-Month, Quarter-to-Quarter-, Year-to-Year Termination Date”); your Membership will not be continued after the Month-to-Month, Quarter-to-Quarter-, Year-to-Year Termination Date. Even if you cancel your membership during current Month-to-Month, Quarter-to-Quarter-, Year-to-Year, you shall still owe payment though the end of such date (Month-to-Month, Quarter-to-Quarter-, Year-to-Year).
Your non-termination or continued use of a Paid Membership Service reaffirms that we are authorized to charge your Payment Method for that Paid Membership Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Except as otherwise explicitly and unambiguously set forth in any terms provided on our Site, neither the Company nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from the Company or others (unless we expressly and unambiguously provide a warranty in writing for a specific product and service). EXCEPT AS OTHERWISE EXPLICITLY AND UNAMBIGUOUSLY SET FORTHIN ANY TERMS PROVIDED ON OUR SITE, THE SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors including information from third party (including Service Providers) that may have not be verified, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Confidential and Proprietary Information
We do not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to us through the Site will be deemed NOT to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms and Conditions.
You may not assign, delegate or transfer these Terms and Conditions or your rights or obligations hereunder, or your Services, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms and Conditions and our rights and obligations without consent.
We are free to terminate your Membership Services for your breach of these Terms and Conditions. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms and Conditions.
Provisions that, by their nature, should survive termination of these Terms and Conditions shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Entire Agreement and Changes to the Terms and Services
These Terms and Conditions you agree to constitute the entire agreement between you and the Company pertaining to the subject matter of hereof.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
These Terms and Conditions may need to change as well. We reserve the right to change the Terms and Conditions at any time, but if we do in a material way that adversely affect you, we will bring it to your attention by placing a notice on this Site, by sending you an email, and/or by some other means. If you don’t agree with the new Terms and Conditions, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.
If you use the Services in any way after a change to the Terms and Conditions is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms and Conditions will be effective unless in writing and signed by both you and us.
No Unlawful or Prohibited Purpose
You warrant to the Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Choice of Law and Arbitration
These Terms and Conditions are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms and Conditions shall be finally settled in San Bernardino County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving the related commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Bernardino County, California, or the Southern District of California. Any arbitration under these Terms and Conditions will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
4778 Dewey Dr.
Fair Oaks, California 95628
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, we have also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in its sole discretion, limit access to the site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. You and the Company agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and the Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms and Conditions. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company, and you do not have any authority of any kind to bind the Company in any respect whatsoever.