eFind Mail Service Agreement

Last Updated: June 19, 2023

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These terms ("Terms") cover the use of eFind Mail services. You accept these Terms by creating a eFind Mail account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

Your Privacy

Your privacy is important to us. Please read the eFind Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how eFind uses your content, which is your communications with others; postings submitted by you to eFind via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services ("Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to eFind's collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.

Your Content

eFind Mail service allows you to store or share Your Content or receive material from others. We don't claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

1. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. eFind cannot be held responsible for Your Content or the material others upload, store or share using the Services.

2. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve eFind products and services, you grant to eFind a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Our advertising policies are covered in detail in the Privacy Statement.

Code of Conduct

1. By agreeing to these Terms, you're agreeing that, when using the Services, you will follow these rules:

1. Don't do anything illegal.
2. Don't engage in any activity that exploits, harms, or threatens to harm children.
3. Don't send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
4. Don't publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
5. Don't engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
6. Don't circumvent any restrictions on access to or availability of the Services.
7. Don't engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
8. Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material or photographs).
9. Don't engage in activity that violates the privacy of others.
10. Don't help others break these rules.

2. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your eFind account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, eFind reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.

Using the Services & Support

1. eFind account.
   You'll need a eFind account to access many of the Services. Your eFind account lets you sign in to products, websites and services provided by eFind and some eFind partners.

1. Creating an Account.
   You can create a eFind account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your eFind account. If you create a eFind account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your eFind account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your eFind account.
2. Account Use.
   You must use your eFind account to keep it active. This means you must sign in at least once in a six month period to keep your eFind account. If you don't sign in during this time, we will assume your eFind account is inactive and will close it for you. You must sign into your eFind Mail inbox at least once in a six month period, otherwise we will close your eFind Mail inbox. If we reasonably suspect that your eFind account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), eFind may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content.
3. Kids and Accounts.
   By creating a eFind account or using the Services, you accept and agree to be bound by these Terms and represent that you have either reached the age of "majority" where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the eFind account or Services, including purchases, whether the minor's account is now open or created later.
4. Closing Your Account.
1. You can cancel specific Services or close your eFind account at any time and for any reason. To close your eFind account, please email: support@efind.com. When you ask us to close your eFind account, you can choose to put it in a suspended state for 180 days just in case you change your mind. After that 180 day period, your eFind account will be closed. Logging back in during the suspension period will reactivate your eFind account.
2. If your eFind account is closed (whether by you or us), a few things happen. First, your right to use the eFind account to access the Services stops immediately. Second, we'll delete Data or Your Content associated with your eFind account or will otherwise disassociate it from you and your eFind account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as eFind won't be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you've acquired.

2. Work or School Accounts.
   You can sign into certain eFind services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your eFind account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that eFind may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the eFind services may be subject to the agreements eFind has with you or your organization and these Terms may not apply. If you already have a eFind account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your eFind account in order to continue accessing such Services.

3. Additional Equipment/Data Plans.
   To use many of the Services, you'll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

4. Service Notifications.
   When there's something we need to tell you about a Service you use, we'll send you Service notifications. If you gave us your email address or phone number in connection with your eFind account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.

5. Support.
   Customer support for some Services is available at: support@efind.com. Support may not be available for beta versions of features or Services.

6. Ending your Services.
   If your Services are canceled (whether by you or us), first your right to access the Services stops immediately. Second, we'll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your eFind account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you've stored on those Services). You should have a regular backup plan.

Service Availability

1. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and eFind is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you've stored. We recommend that you regularly backup Your Content and Data that you store on the Services.

Updates to the Services and Changes to These Terms

1. We may change these Terms at any time, and we'll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don't agree to the new terms, you must stop using the Services, close your eFind account and, if you are a parent or guardian, help your minor child close his or her eFind account.

2. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service altogether. Except to the extent required by applicable law, we have no obligation to provide a replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Contracting Entity, Choice of Law, Jurisdiction

Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Placer County, California, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).

Warranties

EFIND AND OUR AFFILIATES AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. EFIND DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Limitation of Liability

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from eFind or any affiliates and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services related to the Services.

Service-Specific Terms

The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.

Binding Arbitration and Class Action Waiver

If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can't, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren't allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes eFind and eFind's affiliates.

1. Disputes Covered—Everything Except IP.
   The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services related to the Services, the Services' of your eFind account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights.

2. Mail a Notice of Dispute First.
   If you have a dispute and our customer service representatives can't resolve it, send a Notice of Dispute by U.S. Mail to eFind, LLC. ATTN: LEGAL, 2451 West Grapevine Mills Circle, Suite 234, Grapevine, TX, 76051. Tell us your name, address, how to contact you, what the problem is, and what you want. We'll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

3. Small Claims Court Option.
   Instead of mailing a Notice of Dispute, you may sue us in small claims court if you meet the court's requirements in your county of residence (or, if a business, your principal place of business) or Placer County, California, U.S.A.

4. Arbitration Procedure.
   The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business, Placer County, California if your dispute is with eFind. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

5. Arbitration Fees and Payments.
   

1. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator's decision (called an "award"), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
2. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.

6. Conflict with AAA Rules.
   These Terms govern to the extent they conflict with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules.

7. Must File Within One Year.
   You and we must file in small claims court or arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it's permanently barred.

8. Rejecting Future Arbitration Changes.
   You may reject any change we make (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address. If you do, the most recent version before the change you rejected will apply.

1. Severability. If any part of Binding Arbitration and Class Action Waiver is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, will be unenforceable in its entirety.

Miscellaneous

This section, those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and eFind for your use of the Services. It supersedes any prior agreements between you and eFind regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change.

Export Laws.
You must comply with all domestic and international export laws and regulations that apply to the Services, which include restrictions on destinations, end users, and end use.

Reservation of Rights and Feedback.
Except as expressly provided under these Terms, eFind does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by eFind or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to eFind any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to eFind, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires eFind to license its software, technologies or documentation to any third party because eFind includes your Feedback in them.

NOTICES

Notices and procedure for making claims of intellectual property infringement. eFind respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.

eFind uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, eFind may also disable or terminate accounts of users of eFind services who may be repeat infringers.

Notices and procedures regarding intellectual property concerns in advertising.

Copyright and trademark notices.
The Services are copyright © eFind, LLC. and/or its suppliers, eFind, LLC, 2451 West Grapevine Mills Circle, Suite 234, Grapevine, TX, 76051. All rights reserved. eFind and the names, logos, and icons of all eFind products, software, and services may be either unregistered or registered trademarks of the eFind group of companies in the United States and/or other jurisdictions. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.