Private.me | Terms of Service

Terms of Use

Use of Private.me

Your use of Private.me is subject to a few basic rules. Follow all stated policies and do not interfere with the proper functioning of this site. You do not need to register to use Private.me to conduct searches, but you do need to register to use our privacy dashboard.

Please note that we may add or remove functionalities or features, and we may suspend or stop the Private.me’s service altogether.

Intellectual Property

Your use of PRIVATE.ME does not generate any ownership of any intellectual property rights in any of our offerings. PRIVATE.ME This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of PRIVATE.ME .

If you believe that anything on this site or service offered therein infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent: PRIVATE.ME [insert mailing and email address]. A copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Disclaimers

THIS SITE IS PROVIDED BY PRIVATE.ME ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRIVATE.ME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRIVATE.ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRIVATE.ME DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PRIVATE.ME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIVATE.ME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL PRIVATE.ME OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRIVATE.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY, (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO PRIVATE.ME (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF PRIVATE.ME), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF PRIVATE.ME. (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, OR ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; or (v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL PRIVATE.ME’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY PRODUCT OR SERVICE IN QUESTION OR TEN U.S. DOLLARS ($10). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Foreign Users

Private.me makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Private.me, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall Private.me be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Residents of Quebec/ Les Habitants de Québec:

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

Choice Of Law/Arbitration

This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of each is hereby excluded. Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and you hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts of Los Angeles County, California. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Los Angeles County Small Claims court; or (v) to enforce any decision of the arbitrator, including the final award.

Miscellaneous

This Agreement constitutes the entire agreement between Private.me and you concerning your use of the Website and supersedes all prior agreements. This Agreement may only be modified by a written amendment signed by an authorized executive of Private.me. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

By registering with Private.me, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to the Website(s) or Private.me products electronically from Private.me. You agree that Private.me may send you electronic notice by e-mail and/or by notice on the Web Website(s). You may withdraw your consent to receive notices electronically by following instructions on the email.

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

In addition to any event of force majeure as described in the foregoing paragraph, Private.me may also terminate this Agreement in the event that Private.me elects, at its sole discretion, to cease doing business in the United States for economic reasons or for any other reason whatsoever.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

NOTICE OF ARBITRATION AGREEMENT:

This agreement provides that all disputes between you and Private.me will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
FOR MORE DETAILS

Review Choice of Law Section above, or visit http://www.adr.org/consumer_arbitration.