Welcome to the Unsubscribe.com website (the "Site"). This Terms of Use (this "ToU") describes the terms and conditions applicable to your access and use of the Site and the series of Unsubscribe.com software plugins and extensions (the "Software") made available through the Site (collectively, the "Service"). This ToU sets forth the terms and conditions under which Unsubscribe, Inc. ("Unsubscribe," "we," or "us") provides you access to the Site and the Service.

Unsubscribe may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. Unsubscribe may make changes to the Site and/or the Service at any time. You understand that Unsubscribe may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.

YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT UNSUBSCRIBE MAKES FROM TIME TO TIME.

1. Privacy Policy. By clicking "I ACCEPT" or using the Site or the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Unsubscribe may revise the Privacy Policy at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Service.
2. Requirements. Before you can use the Service, you must agree to this ToU and the Privacy Policy, which you will be deemed to have done by utilizing the Service. These requirements may change as the Service evolves. You are responsible for any internet connection fees that you incur when accessing the Service
3. ToU Updates. Unsubscribe will revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site at http://www.unsubscribe.com/terms. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service and uninstall the Software.
4. Software Updates. In an effort to improve the Service, Unsubscribe may require that you download and install updates to the Software from time to time. You acknowledge and agree that Unsubscribe may update the Software with or without notifying you.
5. Termination of Service. The Service is a closely-controlled email management and monitoring service owned and maintained by Unsubscribe, and Unsubscribe reserves the right to deny service to any person at Unsubscribe's sole and absolute discretion. The Service is offered with the understanding that Unsubscribe may terminate any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Unsubscribe may stop offering and/or supporting the Service at any time.
6. Accounts Fees and Security.
   

   6.1. Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
   
   6.2. Account. To access the Service, you must have an Account. You can create an Account by completing the registration process. If you choose to use the Service by simply forwarding emails to us, and you do not elect to complete the registration process, then we will create an Account for you.
   
   6.3. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the Account password. You agree to notify Unsubscribe immediately if you believe that an Account password may have been compromised.
   
   6.4. Account Sharing or Transfers. You may not share or transfer any Account, except that you may permit your minor child to use an Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your password to anyone other than a minor child as set forth herein.
   
   6.5. Cancellation by You. You have the right to cancel any Account registered to you at any time. You may cancel any Account registered to you by following the instructions on the Site.
   
   6.6. Effect of Account Termination or Cancellation. If you voluntarily terminate an Account or allow that Account to lapse, you may reactivate that Account at any time through the account interface on the Site. Accounts terminated by Unsubscribe for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason.
   
   

7. Software License.
   

   7.1. License Grant. Subject to the terms of this ToU, Unsubscribe hereby grants a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Software as a component of the Service. The Software may only be used in connection with the Service and in accordance with this ToU and rules, restrictions or documentation set forth by Unsubscribe from time to time.
   
   7.2. Third Party Software and Services. The Software may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to Unsubscribe to enforce any of your rights in relation thereto. All modifications or enhancements to the Software and Service remain the sole property of Unsubscribe. You understand that Unsubscribe, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice. Unsubscribe reserves the right to add or remove features or functions to the Software at any time in its sole discretion. When installed with a compatible email client, web browser or email service, the Software periodically communicates with Unsubscribe servers. You acknowledge and agree that Unsubscribe has no obligation to make available to you any subsequent versions of its software applications.
   
   7.3. Uninstalling the Software. If you have installed the Software on an email client or web browser and you wish to uninstall the Software, please refer to the Help tab of the applicable email client or web browser and look up how to uninstall extensions or plug-ins.
   
   

8. Restrictions and Conditions of Use.
   

   8.1. Use of Site and Service. Unsubscribe permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site.
   
   8.2. No Violation of Laws. You agree that you will not, in connection with your use of the Site, Software or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
   
   8.3. Software License Restrictions. Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Unsubscribe; or (iv) make any false, misleading or deceptive statement or representation regarding Unsubscribe and/or the Software or Service.
   
   8.4. Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person's use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violate any applicable law, regulation or ordinance; (vii) make any false, misleading or deceptive statement or representation regarding Unsubscribe and/or the Software or Service or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
   
   8.5. No Commercial Uses. You agree that you will not use the Software, the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Software, the Site or Service.
   
   8.6. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation email information of other Account holders or other Software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software, the Site or the Service.
   
   

9. Links.
   

   9.1. Links from the Site. The Site may contain links to websites operated by other parties. Unsubscribe provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Unsubscribe, and Unsubscribe is not responsible for the content available on the other sites. Such links do not imply Unsubscribe's endorsement of information or material on any other site and Unsubscribe disclaims all liability with regard to your access to and use of such linked websites.
   
   9.2. Links to the Site. Unless otherwise set forth in a written agreement between you and Unsubscribe, you must adhere to Unsubscribe’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Unsubscribe’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Unsubscribe, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site, and (iv) Unsubscribe reserves the right to revoke its consent to the link at any time and in its sole discretion.
   
   

10. Social Networks. The Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). You can choose to utilize the Social Network Features or you can disable them. If you elect to use the Social Network Features, a separate user interface will be displayed within your browser when you visit a third party social networking website enabling you to receive information about software applications and programs that are able to access your personal data through that social networking website. In some cases, the Social Network Features may enable you to deny certain software applications and programs access to your personal data and/or cancel your account with certain social networking websites at your direction. In this regard, you hereby appoint Unsubscribe as your agent to act on your behalf to cancel your accounts with third party service providers pursuant to instructions you convey to Unsubscribe through your use of the Social Network Features. While your use of the Social Network Features is governed by this TOU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Unsubscribe to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT UNSUBSCRIBE WILL NOT BE LIABILE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

11. Intellectual Property.
    

    11.1. Trademarks. Unsubscribe and the Unsubscribe logo are trademarks/service marks of Unsubscribe. Unauthorized use of any Unsubscribe trademark, service mark or logo may be a violation of federal and state trademark laws.
    
    11.2. Copyright. The Site, Service and Software are protected by U.S. and international copyright laws. Except for your use as authorized in this ToU, you may not modify, reproduce or distribute the content, design or layout of the Site, Service or Software, or individual sections of the content, design or layout of the Site without Unsubscribe’s express prior written permission.
    
    

12. Location.
    

    The Site and the Service are operated by Unsubscribe in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

13. Children.
    

    The Site and the Service are not directed toward children under 13 years of age nor does Unsubscribe knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Unsubscribe.

14. DISCLAIMER OF WARRANTIES.
    

    THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. UNSUBSCRIBE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. UNSUBSCRIBE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SERVICE WILL IDENTIFY ALL SOFTWARE APPLICATIONS OR PROGRAMS THAT ARE ABLE TO ACCESS YOUR PERSONAL DATA.
    
    UNSUBSCRIBE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) YOU WILL EXPERIENCE ANY REDUCTION IN UNWANTED EMAIL THROUGH YOUR USE OF THE SERVICE; OR (III) THE SERVICE WILL NOT FILTER EMAILS THAT YOU INTENDED TO RECEIVE.
    
    Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
    
    

15. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
    

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNSUBSCRIBE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF UNSUBSCRIBE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF UNSUBSCRIBE OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
    
    Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Unsubscribe and its affiliates shall be limited to the fullest extent permitted by law.
    
    

16. Indemnification.
    

    You agree to indemnify, defend and hold Unsubscribe and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of this ToU or any other policies that Unsubscribe may issue for the Site, the Software and/or Service from time to time.

17. Governing Law; Jurisdiction.
    

    This ToU shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 17 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction of such courts. If either you or Unsubscribe commences a lawsuit for a dispute arising under this ToU or relating to the Site, the Software and/or the Service, all of the issues in such action, whether of fact or law, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure sections 638 and 641 through 645.1 or any successor statutes thereto.

18. Binding Arbitration.
    

    18.1. Arbitration Procedures. You and Unsubscribe agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
    
    Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and Unsubscribe may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
    
    BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND UNSUBSCRIBE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
    
    18.2. Location. The arbitration will take place in your hometown area if you so notify Unsubscribe in your notice of arbitration or within ten (10) days following receipt of Unsubscribe’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
    
    18.3. Limitations. You and Unsubscribe agree that any arbitration shall be limited to the Claim between Unsubscribe and you individually. YOU AND UNSUBSCRIBE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
    
    18.4. Exceptions to Arbitration. You and Unsubscribe agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Unsubscribe’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
    
    

19. General.
    

    19.1. TOU Revisions. This ToU may only be revised in a writing signed by Unsubscribe, or published by Unsubscribe on the Site.
    
    19.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Unsubscribe as a result of this ToU or your use of the Service or the Software.
    
    19.3. Assignment. Unsubscribe may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Unsubscribe's prior written consent, and any unauthorized assignment by you shall be null and void.
    
    19.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
    
    19.5. Attorneys' Fees. In the event any litigation is brought by either party in connection with this ToU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
    
    19.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    
    19.7. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Unsubscribe, Inc., 1316 3rd St., Suite #101 Santa Monica, California 90401, ATTN: President.
    
    19.8. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
    
    19.9. U.S. Government Rights. If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is "commercial computer software" and "commercial computer software documentation," and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.
    
    19.10. Equitable Remedies. You hereby agree that Unsubscribe would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    
    19.11. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.