TERMS OF SERVICE

LAST UPDATED: 10/16/2019

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO, OR OTHERWISE ACCESSING, THESE SERVICES (“SERVICES”) THROUGH THE CONTACT JUNKIE, LLC (REFERRED TO AS “CONTACT JUNKIE,” “WE,” “US,” “OUR“) WEBSITE, AVAILABLE AT https://signup.contactjunkie.com/ (“WEBSITE”), YOU AS THE USER OF THE SERVICES (REFERRED TO AS “YOU,” “YOUR,” “YOURS”) AGREE TO BE BOUND BY THIS AGREEMENT. 

THE TERMS IN THIS AGREEMENT AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS (E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY). SPECIFICALLY, THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

WE RESERVE THE RIGHT TO MAKES CHANGES TO THIS AGREEMENT, AND WE WILL PROVIDE NOTICE TO YOU OF SUCH CHANGES AS APPROPRIATE UNDER THE CIRCUMSTANCES, E.G., BY DISPLAYING A PROMINENT NOTICE WITHIN THE SERVICES OR BY SENDING A NOTIFICATION TO THE EMAIL ADDRESS YOU PROVIDED WHEN SUBSCRIBING TO THE SERVICES OR AS OTHERWISE PERMITTED UNDER APPLICABLE LAW. THE “LAST UPDATED” LEGEND INDICATES WHEN THE AGREEMENT WAS LAST UPDATED. YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY CHANGES TO THE AGREEMENT CONSTITUTES NOTICE AND ACCEPTANCE OF ANY CHANGES. IN THE EVENT YOU DO NOT ACCEPT ANY OF OUR CHANGES TO THIS AGREEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 

1. Services.

The Services provide users such as individual sales people, sales teams, businesses and organizations with a variety of tools to help communicate with clients as well as a tool to help the users import their clients’ data. Through the Services, users can monitor notifications, create campaigns and integrate with third-party systems. We provide certain technical support for the Services. Our provision of the Services to you is exclusively governed by the terms and conditions of this Agreement, regardless of whether you are using the Services through our website or through an API, or third-party integration.

2. Permissible Use. 

You may use the Services to communicate with your existing or potential clients (“Clients”) and manage such communication data, subject to any and all additional obligations and restrictions in this Agreement. No other use of the Services is authorized. You agree to assume full responsibility and accept the legal consequences of any action by anyone using the account through which you access the Services (“Account”) or any other aspect of the Services on your behalf, regardless of whether such use was authorized by you.

3. Acceptable Use Policy. 

Your use of the Services is subject to the following obligations on acceptable use. We reserve the right to determine, in our sole discretion, whether you have satisfactorily complied with these obligations. For additional information that we have included for your reference to help you better understand how you may use the Services, please see our Tutorial page here.   

  1. Your use of the Services, including but not limited to sending emails, voicemails, text messages, and/or calls to Clients and importing subscriber data, shall comply with ALL applicable laws, rules, and regulations, including, without limitation, the rules governing the (i) National Do Not Call Registry, (ii) Telephone Consumer Protection Act 47 U.S.C. § 227, (iii) revised Telephone Consumer Protection Act (for text or voice solicitation messages), and (iv) CAN-SPAM Act. To the extent your business’s particular industry has its own standards, guidelines, or best practices, your use of the Services shall be compliant with those as well. Some features of the Services may not be permissible under the laws of certain jurisdictions, and you agree that you bear sole control and responsibility over compliance with any such laws (if applicable) and assume sole liability for any noncompliance.  
  2. Regardless of the particular industry in which you conduct business, your use of the Services, including using the Services to send mobile messages, must comply with the latest available best-practice guidelines published by the Mobile Marketing Association (currently available at https://www.mmaglobal.com/documents/us-consumer-best-practices), which you agree to review before using the Services.
  3. To import, add, edit, access, and otherwise use the contact information of your Clients in connection with the Services or to communicate in any way with your Clients through the Services, you must first obtain their prior express written consent to receive solicitation or other such communications from you. You must save proof of such consent and furnish it upon our request. Such consent must comply with ALL applicable laws, rules, and regulations. 
  4. You must truthfully represent your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your Clients in all messages or any other communications you make using the Services.
  5. You are fully responsible for all of your Clients’ data that you obtain, possess, use, or otherwise have access to in connection with the Services and assume sole liability for handling this data in compliance with all applicable laws, rules, and regulations. Any improper disclosure or other misuse of this data, whether by you or by a third party, regardless of whether you authorized such third party to act on your behalf, is your sole responsibility.
  6. The Services may be used for only lawful purposes. Using the Services in an illegal or abusive manner or any other manner that interferes with or diminishes others’ use or enjoyment of the Services is prohibited. The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the Services. This list is provided by way of example and shall not be considered exhaustive.
  1. Adversely affecting the availability, reliability, or stability of the Services
  2. Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of the Services
  3. Attempting to bypass, disable, or impair any security measure or otherwise using the Services in any manner posing a security or service risk to us, any of our customers, or any of our customers’ clients
  4. Testing or reverse-engineering the Services to evade filtering capabilities or to find limitations or vulnerabilities
  5. Using the Services in any manner that may subject us or any third party to liability, damages, or danger
  6. Using the Services in any manner that violates any applicable third-party policy or requirement or that breaches any obligation you have to a third party
  7. Using the Services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines, or any other industry standard
  8. Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your Account
  9. Using any property or material trademarked or copyrighted by Contact Junkie in any way other than as expressly permitted under this Agreement
  10. In message transmission, or any other use of the Services, violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity, and other intellectual property rights
  11. Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
    Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
  12. Using the Services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail
  13. Offering any emergency services (“emergency services” meaning any communications in connection with or related to emergency personnel or to public-safety answering points such as 911 and E911)
  14. Using your Account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header
  15. Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
  16. Interfering with or disrupting any network connected to the Services or violating the regulations, policies, or procedures of any such network
  17. Using the Services or any component thereof in a manner not authorized by us.

4. Use Restrictions.

In addition to and without limitation to the terms contained in Section 3 (Acceptable Use Policy) above, your use of the Services is subject to the restrictions below. We reserve the right to determine, in our sole discretion, whether your use of the Services is in violation of any of these restrictions.

  1. The Services may NOT be used for sending any unsolicited messages (also known as spam). We have a no-tolerance policy toward spam. You agree to all privacy and anti-spam terms described in this Agreement and agree to enforce the permission-based marketing practices contained herein with anyone using your Account as required by law.
  2. You may not evade our monitoring system or transmit spam messages through the system. If you know of or suspect any violators, you must notify us immediately.
  3. You may not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with the Services. 
  4. You may not import or incorporate into any contact list, message, social campaign or upload to our servers any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.
  5. You may not use the Services in connection with any of the following types of content, products, or services:
    1. Pornography, sexual products, otherwise sexually explicit material, and escort services
    2. Illegal drugs and drug contraband
    3. Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age
    4. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
    5. Instructions or materials for the assembly of bombs or other weapons
    6. Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor)
    7. Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner
    8. On the basis of the practices and standards of your industry, any illegal or improper promotion to persons under 18 years of age
    9. Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank Accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)
    10. Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial independence” offerings
    11. Any libelous, defamatory, scandalous, threatening, or harassing activity
    12. Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
    13. Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence
    14. Any product or service related to death (e.g., mortuaries and cemeteries)
    15. Any product or service that is unlawful where such product or service or the promotion of the product or service is received
    16. Images of authors, artists, photographers, or others without prior express written consent form the content owner
    17. Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier
    18. Any other type of content that is not aligned with us or with the nature of the Services as determined by us in our sole discretion

5. Our Rights.

We reserve the following rights with respect to our offering of the Services. 

  1. Although we do not assume the duty or obligation to monitor messages, we reserve the right, in our sole and absolute discretion, to monitor any and all messages created or sent by you or any third party through the Services at any time without prior notice to ensure that they conform to the Agreement.
  2. We are not required to provide data outside the system that is already available through the user interface, including but not limited to exported files containing specific messages, client phone numbers, and opt-out lists.
  3. We reserve the right to refuse to provide you access to the Services or any of our offerings related to the Services, such as the ability to open an Account with us, if we believe that your conduct is harmful to the interests of us or our affiliates.
  4. We reserve the sole discretion and right to permanently delete any or all of your archived data created or collected in connection with or otherwise related to your use of the Services after ninety (90) days.

6. Subscription.

The Services are offered on a subscription basis and subject to monthly fees for use of the Services (“Fees”). You acknowledge and agree to the following terms regarding your subscription to the Services (“Subscription”).

  1. To subscribe, you must provide (i) requested information (including a valid email address, postal address, and phone number) online at the Website and (ii) a payment card for recurring payments (“Payment Method”). We may limit or modify the ability to subscribe at any time, and your attempt to subscribe may be refused at our discretion. To have full access to the Services, you must have a Contact Junkie Account. 
  1. You agree to provide and maintain accurate Account information. See our Privacy Policy to learn about how we use the information you share with us when setting up your Account and using the Services. Communications with you regarding your Subscription, including a notice of changes in Fees, will be made using the most recent email you provided to us. We are not responsible for your inability to use the Services or other loss due to your failure to provide and maintain accurate contact information for your Account.
  2. Fees are charged upon enrollment and each renewal. Fees exclude applicable taxes. The initial Fee is an introductory price that is subject to change. We may change Fees at any time, and we will give you notice of this change by both (i) sending an email to the email address associated with your Account and (ii) posting a message on your Account home page. The change in Fees will not take effect until the start of the next Subscription cycle, at which point you will have the option to either continue subscribing to the Services or to cancel your Subscription in accordance with the cancellation procedures described below:
  3. YOU MAY CANCEL YOUR SUBSCRIPTION AND AUTHORIZATION FOR RECURRING PAYMENTS AT ANY TIME IN ANY OF THE FOLLOWING WAYS:
    1. (1) Log into the Contact Junkie Billing Portal, available at https://billing.contactjunkie.com/login, using your unique username and password and, once logged in, click on the “cancel subscription” button located in the subscription section on your dashboard. Once you click on this button, your subscription cancellation request will be submitted.               
    2. Send us a request to cancel your subscription using any of the following three methods:
      1. Email us at support@contactjunkie.com; 
      2. Call us at 844-213-5178 between the hours of 8:00 AM and 5:00 PM Eastern Standard Time; or 
      3. Submit a request through the online chat feature located inside the Contact Junkie application. From either the login page or once you are logged in you will see a “Live Support” chat icon during regular business hours or an email icon after hours.  Click the icon to either chat in real time with one of our customer service representatives or to send an email during non business hours.
  4. UNLESS WE ARE NOTIFIED OF YOUR CANCELLATION BEFORE A RECURRING CHARGE ( 2 BUSINESS DAYS BEFORE YOUR RENEWAL DATE), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, EXCEPT AS REQUIRED BY LAW) TO CHARGE THE PAYMENT METHOD ON FILE TO COLLECT THEN-APPLICABLE FEE AND TAXES. 
  5. Except as expressly provided in these terms, there are NO REFUNDS for your monthly Subscription after the recurring charge is processed regardless of whether you used the Services, and there are NO REFUNDS for cancellation during your initial month of Subscription. Cancellation is effective at the end of the then-current monthly Subscription period. You may access your Account and the Services until the effective date of cancellation.   
  6. If the eligible Payment Method on file is declined for payment of Fees, you must provide a new eligible Payment Method promptly or your Subscription will be cancelled. If you provide a new eligible Payment Method and are successfully charged, your new Subscription period will be based on the date of the successful charge. We reserve the right to terminate your Subscription at the end of your then-current Subscription term if we are unable to successfully charge an eligible Payment Method.
  7. Lack of activity alone does not automatically terminate your Subscription, and you are responsible for Fees until you expressly cancel your Subscription or until your data has been purged (whichever occurs first). We may delete any of your archived data after thirty (30) days following the date of termination. If your Subscription has not been cancelled and is classified by us as inactive for at least ninety (90) days, we reserve the sole discretion and right to permanently and irrevocably delete all of your Account data and other data related to your use of the Services. In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable Fees through the date of our purging of your data. 
  8. Your Subscription may begin with a free trial. Free trial eligibility is determined by us in our sole discretion, and we may limit eligibility or duration to prevent free trial abuse. We may use information such as device ID, Payment Method, or an Account email address used with an existing or recent Subscription to determine eligibility. The duration of the free trial period of your Subscription and any additional restrictions on your Subscription during the free trial period will be specified during sign-up. We reserve the right to revoke the free trial and put your account on hold if we determine that you are not eligible. At the end of the free trial period, we will charge the Fee for your next billing cycle to your Payment Method, and your Subscription will automatically renew unless you cancel your Subscription prior to the end of the free trial period.

7. Fees.

The Fee charged for a particular Subscription depends on the service plan (“Plan”) the subscriber selects. Each Plan offers different benefits and is designed to meet the needs of different subscribers. Fees will be quoted upon subscribing to a Plan. Please visit our website for standard pricing information and Plan details. 

As detailed in Section 6 of this Agreement, a Fee will automatically be charged to your Account each month. To cancel your Subscription and avoid paying a Fee for the following month, you must cancel your Subscription 2 Business days BEFORE the renewal date for your Subscription. You may cancel your Subscription using any of the methods provided in Section 6(d) of this Agreement. 

8. Term; Termination.

This Agreement shall become effective upon your initial assent to be bound by this Agreement and shall remain in full force and effect thereafter until your Account and access to the Services is terminated either by us or by you in the manner described below.

  1. We may terminate access to the Services in the following ways: 
    1. We may discontinue providing the Services at any time, for any reason. If we discontinue the Services as provided in this Section 8(a)(i), we will provide you with notice of termination in accordance with the Agreement. Upon termination, at our option, we will either (i) continue to provide you with access to your Account and the Services until the expiration of the then-current Subscription term or (ii) refund a pro rata portion of the Fee paid for the then-current Subscription term.
    2. We may terminate your Account and your access to the Services at any time, in our sole discretion AND WITHOUT PRIOR WARNING OR REFUND, if we reasonably believe that your Account activity or other use of the Services in any way violate any term in this Agreement or any applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you. Your Account and access to the Services will be cancelled IMMEDIATELY upon termination under this Section 8(a)(ii). We shall be the sole arbiter in cases of suspected abuse, fraud or violation of the Agreement, and any decision we make relating to termination or disabling of your Account and access to the Services shall be final and binding.
  2. You may terminate the Services at any time in accordance with and subject to the restrictions contained in Section 6(d). 

9. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY RELATED MATERIALS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, CONTACT JUNKIE DOES NOT WARRANT THAT OUR SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, WE WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.

NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY CONTACT JUNKIE, OUR EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR CLIENTS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.

10. Limitation of Liability.  

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE AGREEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID OR PAYABLE TO US FOR YOUR USE OF THE SERVICES IN THE MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification. 

You hereby agree to defend, indemnify, and hold harmless Contact Junkie and our business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) violation of any privacy or spam-related obligations or requirements alleged to have been committed through any use of your Contact Junkie Account or other aspect of the Services, or (iii) any other use of the Services in any manner not authorized by this Agreement, in violation of the restrictions herein, or in violation of applicable law.

You agree that we have the right to seek and recover all of damages caused by you through any use of the Services in an unlawful manner or in a manner inconsistent with this Agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from Contact Junkie and our affiliates whether or not we are notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

12. Waiver. 

No delay or omission by us in exercising any of our rights or remedies under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

13. Independent Parties. 

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you have no authority of any kind to bind Contact Junkie in any respect whatsoever.

14. Governing Law. 

The Agreement shall be governed by the laws of the State of Georgia, without regard to its choice of law or conflict of laws provisions.

15. BINDING ARBITRATION. 

EXCEPT AS TO DISPUTES THAT QUALIFY FOR STATE COURTS OF LIMITED JURISDICTION (SUCH AS SMALL CLAIMS, JUSTICE OF THE PEACE, MAGISTRATE COURT, AND SIMILAR COURTS WITH MONETARY LIMITS ON THEIR JURISDICTIONS OVER CIVIL DISPUTES), YOU AGREE THAT ANY CONTROVERSY OR CLAIM, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL BINDING ARBITRATION. CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. YOU WAIVE THE RIGHT TO TRIAL BY JURY AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR SHALL DECIDE ALL ISSUES OF THE CASE ON THE BASIS OF THE APPLICABLE LAW, NOT EQUITY. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND US THAT ANY PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WILL NOT APPLY TO THAT CLAIM, BUT THEY WILL STILL APPLY TO ANY AND ALL OTHER CLAIMS THAT YOU OR WE MAY ASSERT IN THAT OR ANY OTHER ACTION.

16. Severability.

If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this Agreement fully enforceable and valid.

17. Headings. 

The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

18. Survival. 

Provisions of the Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration.

19. Notice.

We will give notices described in this Agreement, in our sole discretion, except as required by law, by e-mail, regular mail, general posting on the Website, or through another method deemed appropriate by us or permitted under law.  When you send emails or other electronic messages to us regarding the Services, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you email and other communications related to the Services.

20. Entire Agreement. 

This Agreement constitutes the sole and entire agreement between you and Contact Junkie with respect to the Services. You and Contact Junkie agree that this Agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any Contact Junkie representative will be honored.