Terms of Use for Emailanytime.co
Updated as of July 6, 2015

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS EMAILANYTIME.CO END-USER LICENSE AGREEMENT (THE "EULA" OR “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY EMAILANYTIME.CO (COLLECTIVELY, THE "EMAILANYTIME.CO SofTWARE"). EMAILANYTIME.CO IS A SERVICE OF EMAILANYTIME.CO. THIS IS A LEGAL AGREEMENT BETWEEN EMAILANYTIME.CO AND YOU. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION. THIS EULA AND THE EMAILANYTIME.CO PRIVACY POLICY, ALL OF WHICH IS INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE “EULA”), GOVERN YOUR ACCESS TO AND USE OF THE EMAILANYTIME.CO SofTWARE. In the event of a contradiction between this EULA and the Privacy Policy, the Privacy Policy will govern. Emailanytime.co is willing to license the Emailanytime.co Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or “Accept” button (or similar language provided by us) or by downloading, installing, or using the Emailanytime.co Software, you acknowledge and agree that you have read and understood this EULA and accept all of its terms. We recommend that you print or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then Emailanytime.co is unwilling to license the Emailanytime.co Software to you and you may not access or Use any of the Emailanytime.co Software. Any Use of the Emailanytime.co Software by you under these circumstances will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties.
  1. Modification.
    Emailanytime.co reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Emailanytime.co materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Emailanytime.co Software via a hyperlink or by other reasonable means to notify you of the changes. Emailanytime.co will also amend the " Updated as of” date at the top of this Agreement. By continuing to Use the Emailanytime.co Software after Emailanytime.co has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Emailanytime.co Software. This Agreement will also govern any software upgrades and/or updates provided by Emailanytime.co that upgrade and/or supplement the Emailanytime.co Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
  2. The Emailanytime.co Software.
    Emailanytime.co is a free desktop application that offers you direct links to websites from your new preferred homepage and saves your new preferred home page and/or new tab page. When we set your Browser's settings using Emailanytime.co, they will be saved automatically on Chrome™, Firefox®, and Internet Explorer®. As part of the installation process of the Emailanytime.co Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Downloading or Using the Emailanytime.co Software, you agree that you have approved such changes and you understand that you can reconfigure such settings at any time from the "Options Menu" available in the Emailanytime.co Software (to the extent that there is such a menu), in the Settings options of your Internet Browser (for example, for web-search related changes). Such changes may include, without limitation, the following:
    1. Change of the default search engine in your Internet Browser, including your Browser's built-in search box, if applicable, and address bar;
    2. Change of the default home page and/or new tabs of your Internet Browser;
    3. Addition of alternative error page functionality, such as “Page Not Found”, if applicable;
    4. Additional search-related services;
    5. Allowing software updates of the Emailanytime.co Software once a new version is released and the ability to send you notifications;
    6. Allow first-party publisher or Partner Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.
    To uninstall the Emailanytime.co Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser, as applicable. The list below may assist you in choosing the most applicable option for your operating system and/or Browser.
    1. To uninstall software applications in Windows, click Start > Control Panel > Add / Remove Programs, and then choose the software you want to uninstall.
    2. You can also uninstall software applications in Windows by going to Start Menu > Computer> C Drive > Program Files or Program Files (x86) > [program name] > Right-click > Delete.
    3. To uninstall Internet Explorer Add-ons (Windows), click the settings icon on Internet Explorer > Manage add-ons > Toolbars and Extensions, and then choose the extension you would like to uninstall.
    4. To uninstall Firefox extensions (Windows or Mac OSX), click Tools on Firefox > Add-ons> Extensions, and then choose the extension you would like to uninstall.
    5. To uninstall Chrome extensions (Windows or Mac OSX), click the Chrome menu (or wrench icon)> Settings > Extensions, and then choose the Extension you would like to uninstall.
    6. To uninstall Safari extensions (Windows or Mac OSX), click the Safari Settings menu or File> Preferences > Extensions, and then choose the extension you would like to uninstall. To uninstall the Toolbar from your mobile device, please refer to your mobile device instruction manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Toolbar you wish to delete until it shakes, you will get an “x” in the corner of the Toolbar icon and you can tap the “x” to delete the software. Please note that the Toolbar may include one or more executable files, therefore if you wish to uninstall one or more Toolbar files, please make sure to look for the specific Toolbar name on your computer or mobile device.
  3. License to Software and Use.
    3.1 Conditioned upon your compliance with the terms and conditions of this EULA, Emailanytime.co hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the Emailanytime.co Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the Emailanytime.co Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Emailanytime.co Software for backup purposes. Emailanytime.co reserves all rights in the Emailanytime.co Software not expressly granted to you in this EULA.
  4. License Restrictions.
    4.1 Except as expressly specified in this EULA, you may not:
    (a) copy or modify the Emailanytime.co Software;
    (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Emailanytime.co Software to any third party; or
    (c) Use the Emailanytime.co Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Emailanytime.co Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Emailanytime.co and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Emailanytime.co Software provided in object code or any other Emailanytime.co products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
    4.2 Any Open-Source Software that may be accompanying the Emailanytime.co Software is provided to you under the terms of the open-source license agreement or copyright notice accompanying such Open-Source Software or in the open-source licenses file accompanying the Software. As used herein "Open-Source Software" means Open-Source software components provided with the Emailanytime.co Software that are licensed to you under the terms of the applicable license agreements included with such open-source software components or other materials for the Emailanytime.co Software. This EULA does not apply to any Open-Source Software accompanying the Emailanytime.co Software and Emailanytime.co hereby disclaims any and all liability to you or any third party related thereto.
    4.3 Emailanytime.co Software may contain certain Third-Party components embedded therein (“Third-Party Components”). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components.
    4.4 You may not Use the Emailanytime.co Software in any manner that could:
    (i) damage, disable, overburden, or impair Emailanytime.co Software (or any server or networks connected to any Emailanytime.co Software, or
    (ii) interfere with any third party's use and/or enjoyment of the Emailanytime.co Software (or any server or networks connected to the Emailanytime.co Software).
  5. Updates; Modifications; Additional Services; Tests.
    5.1 The Emailanytime.co Software may automatically download and install updates from Emailanytime.co from time to time. In addition, Emailanytime.co may automatically configure the Emailanytime.co Software to perform certain functions required within the operation of the Emailanytime.co Software. Emailanytime.co Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Emailanytime.co Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Emailanytime.co Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience. Prior to the implementation of a material change in certain Emailanytime.co Software, including Software Updates and/or material changes of this EULA, Emailanytime.co will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the Emailanytime.co Software you agree to receive such Software Updates (and permit Emailanytime.co to deliver these to you) as part of your Use of the Emailanytime.co Software. If you do not agree to such changes, you may uninstall the Emailanytime.co Software that resides on your computer, according to the guidelines set forth below.
    5.2 The Emailanytime.co Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described above). By Using Emailanytime.co Software, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 2 above and Section 6 below. Further, you agree that by Using the Emailanytime.co Software you may periodically send technical data and related information Emailanytime.co to facilitate the provision of updates, product support, and other services to you, if any, related to the Emailanytime.co Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Emailanytime.co may conduct A/B testing and change the look and feel of the Emailanytime.co Software or add additional features in order to improve your experience with the Emailanytime.co Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on our homepage, http://www.emailanytime.co and on the webpage where this Agreement is posted, http://www.emailanytime.co/terms.php.
    5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Emailanytime.co Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
    5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Emailanytime.co Software, is to uninstall the Emailanytime.co Software.
  6. Omitted.
  7. Proprietary Rights.
    7.1 The Emailanytime.co Software is licensed, not sold, to you. You acknowledge and understand that Emailanytime.co owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Emailanytime.co Software is protected by United States (and other countries’) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Emailanytime.co Software as delivered to you.
  8. Privacy and Legal Rights.
    8.1 The Emailanytime.co Privacy Policy (available at: http://emailanytime.co/privacy.php) contains information about Emailanytime.co's data protection policies and explains how Emailanytime.co accesses, collects, uses, and/or shares information that is generated by your Use of the Emailanytime.co Software. By downloading and Using any of the Emailanytime.co Software, you consent to Emailanytime.co’s use of your data in accordance with Emailanytime.co's Privacy Policy.
    8.2 Emailanytime.co collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services. Emailanytime.co also also collects information about changes made your browser home page.
    8.3 Emailanytime.co prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Emailanytime.co, in its sole discretion, as part of its terms of service and user agreements.
    8.4 In the event that Emailanytime.co goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
  9. Your Obligations.
    9.1 You hereby acknowledge and agree to only Use the Emailanytime.co Software as permitted in this EULA.
    9.2 You agree to comply with all applicable laws, rules, and regulations when using the Emailanytime.co Software. You will not Use the Emailanytime.co Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
    9.3 You agree that you are solely responsible for (and that Emailanytime.co has no responsibility to you or to any third party) your Use of any Third Party Software or App, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Emailanytime.co may suffer) of any such breach. Minors. To Use the Emailanytime.co Software, you must be at least eighteen (18) years of age. We reserve the right to request proof of age at any stage, so that we can verify that minors under the age of eighteen (18) are not using the Emailanytime.co Software. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Emailanytime.co Software, we will prohibit and block such a user from accessing the Emailanytime.co Software, and will make all efforts to promptly delete any Personally Identifying Information (as this term is defined in the Emailanytime.co Software Privacy Policy) with regard to such a user, as applicable. By downloading and using the Emailanytime.co Software, you represent that you are at least eighteen (18) years of age.
  10. No Obligation.
    Emailanytime.co is not obligated to maintain or support the Emailanytime.co Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Emailanytime.co Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Emailanytime.co Software at your own risk and that Emailanytime.co shall not have any liability to you with respect to such content.
  11. Omitted.
  12. Export Laws.
    12.1 You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Emailanytime.co Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the Emailanytime.co Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
    12.2 By downloading and using the Emailanytime.co Software, you further represent and warrant that:
    (a) you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and
    (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Emailanytime.co Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not Use the Emailanytime.co Software for, and will not allow the Emailanytime.co Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
  13. Disclaimer of Warranties.
    In addition to the limitations of Emailanytime.co’s liability expressly contained in this Agreement, Emailanytime.co further disclaims any warranty related to your Use of Emailanytime.co Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. THE Emailanytime.co SofTWARE IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. Emailanytime.co DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Emailanytime.co OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Emailanytime.co DOES NOT REPRESENT OR WARRANT:
    (I) THAT THE Emailanytime.co SofTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
    (II) THAT THE OPERATION OF THE Emailanytime.co SofTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR
    (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE Emailanytime.co SofTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. Emailanytime.co MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE Emailanytime.co SofTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE Emailanytime.co SofTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Emailanytime.co SofTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE Emailanytime.co SofTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  14. Limitation of Liability.
    IN NO EVENT WILL Emailanytime.co, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE Emailanytime.co SofTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT Emailanytime.co WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Emailanytime.co'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE Emailanytime.co SofTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  15. Choice of Law and Venue.
    This Agreement shall be interpreted and enforced in all respects under the laws of the State of Missouri, USA as applicable to contracts to be performed entirely within the State of Missouri, USA. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in Kansas City, Missouri, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
  16. ARBITRATION
    This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, Emailanytime.co’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The terms “complaint” and “dispute” mean any dispute, action, complaint, or other controversy between you and Emailanytime.co concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. We hope that any disputes that you have relating to our Site or our Services can be resolved by contacting Emailanytime.co’s customer service at legal@emailanytime.co. If, however, we are unable to resolve any complaint or dispute informally, any complaint or dispute arising out of, relating to, or in connection with these Terms of Service (or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate) and the Services themselves shall only and exclusively be resolved by submission to mandatory, final and binding arbitration by the American Arbitration Association or its successor (“AAA”). If AAA ceases to provide arbitration service, then the term “AAA” shall mean and refer to J.A.M.S. The arbitration shall only be conducted in Kansas City, MO before a single arbitrator, in the English language. The arbitrator shall be a retired judge or justice, or a duly licensed attorney with no less than 15 years of experience in arbitrating commercial disputes involving the retail sale of goods and services. If the parties cannot agree upon an arbitrator within ten days of the filing of the demand for arbitration, the AAA shall select the arbitrator. Either party may commence arbitration by filing a written demand for arbitration with AAA and delivering a copy of such demand to the other party. The arbitration shall be held under the Commercial Arbitration Rules with Expedited Procedures of the AAA then in effect (or the J.A.M.S. Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed). Unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. The arbitrator's determination shall be set forth in a brief, written statement reasonably explaining the disposition of the dispute and the amount of any award. The parties shall split the costs of all invoices issued by the AAA to conduct the arbitration but shall otherwise bear their own costs. Notwithstanding anything to the contrary herein, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm from occurring prior to the selection of the arbitrator. ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATE, YOU EXPRESSLY WAIVE ANY RIGHT TO A COURT OR JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. For any non-frivolous claim that is less than $10,000, we will pay the filing fee for the arbitration; provided, however, that if the arbitrator finds that your claim or relief sought is frivolous or brought for an improper purpose you shall promptly reimburse us all amounts paid by us that are your obligation to pay under the AAA rules. If the arbitrator grants an award in your favor based on the merits of your claim and such award is greater than the value of Emailanytime.co's last written settlement offer to you before an arbitrator was selected, then Emailanytime.co will pay you up to twice the amount of the award up to a maximum aggregate amount of $10,000. If we make any amendment to the arbitration provisions, you may reject any such amendment by sending us written notice to the contact address provided below within thirty (30) days after such amendment. By rejecting any such amendment, you agree that you will arbitrate any dispute in accordance with this Agreement. CONTACT
    Emailanytime.co™
    Attn: Counsel
    support@emailanytime.co
  17. Indemnification.
    To the maximum extent permitted by law, you agree to defend, indemnify, and hold Emailanytime.co harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Emailanytime.co Software, including your downloading, installation, or Use of the Emailanytime.co Software, or your violation of this EULA.
  18. Term and Termination.
    Your license to Use the Emailanytime.co Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Emailanytime.co Software and by destroying all copies of the Emailanytime.co Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Emailanytime.co’s request either promptly destroy or return to Emailanytime.co all copies of the Emailanytime.co Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
  19. Miscellaneous.
    (a) This EULA and all the policies referenced herein constitute the entire agreement between Web internet Security and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Emailanytime.co.
    (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
    (c) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Emailanytime.co reserves the right, at our discretion, to update or revise this EULA.
    (d) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
    (e) You may not assign your rights under this EULA to any party without Emailanytime.co’s consent. Emailanytime.co may assign or transfer this Agreement or any rights or delegate any obligations of Emailanytime.co hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Emailanytime.co will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations.
    (f) If any provision of this EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
    (g) Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Emailanytime.co, and you do not have any authority to create any obligation or make any representation on Emailanytime.co’s behalf. If you need to contact us, please contact us through our contact form at http://www.Emailanytime.co.com/contact.php You can also email us at support@emailanytime.co or you can send a letter to:
Emailanytime.co™
Attn: Counsel
support@emailanytime.co