Summary of the YouMail Terms of Service



YouMail Terms of Use Agreement

Use of the YouMail service, through both the YouMail website and through telephone access (the "Service") is governed by these Terms of Use. Use of the Service constitutes your agreement to follow these rules and to be bound by them. The Service is provided by YouMail Inc., (the "Company") with offices at 65 Enterprise, Suite 235 in Aliso Viejo, California. This is a legal agreement ("Agreement") between you and the Company, please read the Agreement carefully before registering for the Service. By completing your registration and checking on the "I agree to the YouMail Terms of Use" on the web site, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the Terms of Use of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms of Use on our website; any use of the Service after such notice will constitute acceptance by you of such changes.

1. PRIVACY

Please review our Privacy Notice, which also governs your use of the YouMail Service, to understand our practices.

2. CHILDREN UNDER THE AGE OF 13

You affirm that you are over the age of 13, as the YouMail Service is not intended for children under 13. If you are under 13 years of age, please do not use the YouMail Service.

3. SUBCRIBE TO YOUMAIL (OPT-IN)

To subscribe (opt-in) to our service, you can register from our website, www.youmail.com and we will guide you through the process.

4. YOUMAIL CHARGES

YouMail does not charge for the Standard Service.

5. POTENTIAL CELLULAR PROVIDER CHARGES

It is generally possible for you to minimize or eliminate any unexpected additional charges from your cellular provider.

6. HELP AND SUPPORT

Many common questions can be answered through the "Help" link on the web page. Problems with the Service can be submitted via the "User Feedback/Technical Request" via the "Help" link on the web page, through email to support@youmail.com, or by calling YouMail support at (800) 374-0013 Monday through Friday from 9:00 am to 5:00 pm PST. From your mobile phone, you can request our contact information at any time by texting "HELP" to 52894.

7. COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of YouMail, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of YouMail, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of YouMail, Inc. or its software suppliers and protected by United States and international copyright laws.

8. PROPRIETARY RIGHTS.

The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, patented technology, and other proprietary information of the Company, its licensors and licensees.

9. COPYRIGHT INFRINGEMENT

You shall be solely responsible for your own Voice Greetings and the consequences of recording and publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload/record all content used for your Voice Greetings; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your Voice Greetings to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Voice Greeting.

10. WARRANTIES.

a. THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. b. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

11. LIMITATION OF LIABILITY.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

12. INDEMNITY BY REGISTERED USER.

You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the Terms of this Agreement.

13. NO RESALE OF SERVICES.

You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

14. COMPLAINTS

To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Support" link on the YouMail web site or via email to support@youmail.com.

15. TERMINATION (OPT-OUT)