Website Terms of Use Version 1.0
Last revised on: April 8, 2024
The website located at junkmailcleaner.com, app.junkmailcleaner.com (the
“Site”) is a copyrighted work belonging to Mariana Labs LLC (“Company”,
“us”, “our”, and “we”). Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site
in connection with such features. All such additional terms, guidelines,
and rules are incorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding terms
and conditions that govern your use of the Site. By accessing or using
the Site, you are accepting these Terms (on behalf of yourself or the
entity that you represent), and you represent and warrant that you have
the right, authority, and capacity to enter into these Terms (on behalf
of yourself or the entity that you represent). you may not access or use
the Site or accept the Terms if you are not at least 18 years old. If
you do not agree with all of the provisions of these Terms, do not
access and/or use the Site.
PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO
RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION
10.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED
EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY
BINDING AND FINAL ARBITRATION. SECTION 10.2 ALSO CONTAINS A CLASS ACTION
AND JURY TRIAL WAIVER. PLEASE READ SECTION 10.2 CAREFULLY. UNLESS YOU
OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY
BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON
AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2)
YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF
IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. Accounts
1.1 Account Creation. In order to use certain features of the Site, you
must register for an account (“Account”) and provide certain information
about yourself as prompted by the account registration form. You
represent and warrant that: (a) all required registration information
you submit is truthful and accurate; (b) you will maintain the accuracy
of such information. You may delete your Account at any time, for any
reason, by following the instructions on the Site. Company may suspend
or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account. You agree
to immediately notify Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security.
Company cannot and will not be liable for any loss or damage arising
from your failure to comply with the above requirements.
2. Access to the Site
2.1 License. Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to use and
access the Site solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are
subject to the following restrictions: (a) you shall not license, sell,
rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site, whether in whole or in part, or any
content displayed on the Site; (b) you shall not modify, make derivative
works of, disassemble, reverse compile or reverse engineer any part of
the Site; (c) you shall not access the Site in order to build a similar
or competitive website, product, or service; and (d) except as expressly
stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means. Unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on
the Site (or on any content displayed on the Site) must be retained on
all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify,
suspend, or discontinue the Site (in whole or in part) with or without
notice to you. You agree that Company will not be liable to you or to
any third party for any modification, suspension, or discontinuation of
the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company
will have no obligation to provide you with any support or maintenance
in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide (defined
below), you acknowledge that all the intellectual property rights,
including copyrights, patents, trade marks, and trade secrets, in the
Site and its content are owned by Company or Company’s suppliers.
Neither these Terms (nor your access to the Site) transfers to you or
any third party any rights, title or interest in or to such intellectual
property rights, except for the limited access rights expressly set
forth in Section 2.1. Company and its suppliers reserve all rights not
granted in these Terms. There are no implied licenses granted under
these Terms.
2.6 Feedback. If you provide Company with any feedback or suggestions
regarding the Site (“Feedback”), you hereby assign to Company all rights
in such Feedback and agree that Company shall have the right to use and
fully exploit such Feedback and related information in any manner it
deems appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary. You agree that you will
not submit to Company any information or ideas that you consider to be
confidential or proprietary.
3. User Content
3.1
User Content. “User Content” means any and all information and content
that a user submits to, or uses with, the Site (e.g., content in the
user’s profile or postings). You are solely responsible for your User
Content. You assume all risks associated with use of your User Content,
including any reliance on its accuracy, completeness or usefulness by
others, or any disclosure of your User Content that personally
identifies you or any third party. You hereby represent and warrant that
your User Content does not violate our Acceptable Use Policy (defined in
Section 3.3). You may not represent or imply to others that your User
Content is in any way provided, sponsored or endorsed by Company. Since
you alone are responsible for your User Content, you may expose yourself
to liability if, for example, your User Content violates the Acceptable
Use Policy. Company is not obligated to backup any User Content, and
your User Content may be deleted at any time without prior notice. You
are solely responsible for creating and maintaining your own backup
copies of your User Content if you desire.
3.2 License. You
hereby grant (and you represent and warrant that you have the right to
grant) to Company an irrevocable, nonexclusive, royalty-free and fully
paid, worldwide license to reproduce, distribute, publicly display and
perform, prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicenses of
the foregoing rights, solely for the purposes of including your User
Content in the Site. You hereby irrevocably waive (and agree to cause to
be waived) any claims and assertions of moral rights or attribution with
respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our
“Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display,
or distribute any User Content (i) that violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right, (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene,
patently offensive, promotes racism, bigotry, hatred, or physical harm
of any kind against any group or individual or is otherwise
objectionable, (iii) that is harmful to minors in any way, or (iv) that
is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute
to or through the Site any computer viruses, worms, or any software
intended to damage or alter a computer system or data; (ii) send through
the Site unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages, whether commercial or otherwise;
(iii) use the Site to harvest, collect, gather or assemble information
or data regarding other users, including e-mail addresses, without their
consent; (iv) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Site, or violate the regulations,
policies or procedures of such networks; (v) attempt to gain
unauthorized access to the Site (or to other computer systems or
networks connected to or used together with the Site), whether through
password mining or any other means; (vi) harass or interfere with any
other user’s use and enjoyment of the Site; or (vi) use software or
automated agents or scripts to produce multiple accounts on the Site, or
to generate automated searches, requests, or queries to (or to strip,
scrape, or mine data from) the Site (provided, however, that we
conditionally grant to the operators of public search engines revocable
permission to use spiders to copy materials from the Site for the sole
purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or
archives of such materials, subject to the parameters set forth in our
robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to
review, refuse and/or remove any User Content in our sole discretion,
and to investigate and/or take appropriate action against you in our
sole discretion if you violate the Acceptable Use Policy or any other
provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or
reporting you to law enforcement authorities.
4. Indemnification. You agree to indemnify and hold Company
(and its officers, employees, and agents) harmless, including costs and
attorneys’ fees, from any claim or demand made by any third party due to
or arising out of (a) your use of the Site, (b) your violation of these
Terms, (c) your violation of applicable laws or regulations or (d) your
User Content. Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written
consent of Company. Company will use reasonable efforts to notify you of
any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads
are not under the control of Company, and Company is not responsible for
any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links & Ads. You use all Third-Party Links &
Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links &
Ads, the applicable third party’s terms and policies apply, including
the third party’s privacy and data gathering practices. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any transaction in connection with such Third-Party
Links & Ads.
5.2 Other Users. Each Site user is solely responsible for any and all of
its own User Content. Since we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content,
whether provided by you or by others. We make no guarantees regarding
the accuracy, currency, suitability, appropriateness, or quality of any
User Content. Your interactions with other Site users are solely between
you and such users. You agree that Company will not be responsible for
any loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Site user, we are under no
obligation to become involved.
5.3 Release. You hereby
release and forever discharge Company (and our officers, employees,
agents, successors, and assigns) from, and hereby waive and relinquish,
each and every past, present and future dispute, claim, controversy,
demand, right, obligation, liability, action and cause of action of
every kind and nature (including personal injuries, death, and property
damage), that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Site (including any
interactions with, or act or omission of, other Site users or any
Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.”
6. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE
WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE
OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL
SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF
FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO,
AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR
LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS
(FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION),
WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE
EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE
THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR
RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination. Subject to this Section, these Terms will
remain in full force and effect while you use the Site. We may suspend
or terminate your rights to use the Site (including your Account) at any
time for any reason at our sole discretion, including for any use of the
Site in violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of your
Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these Terms,
including for termination of your Account or deletion of your User
Content. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2.2
through 2.6, Section 3 and Sections 4 through 10.
9. Copyright Policy.
Company respects the intellectual
property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy
respecting copyright law that provides for the removal of any infringing
materials and for the termination, in appropriate circumstances, of
users of our online Site who are repeat infringers of intellectual
property rights, including copyrights. If you believe that one of our
users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing
material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our
designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been
infringed;
3. identification of the material on our services that you claim is
infringing and that you request us to remove;
4. sufficient
information to permit us to locate such material;
5. your address,
telephone number, and e-mail address;
6. a statement that you have
a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
7.
a statement that the information in the notification is accurate, and
under penalty of perjury, that you are either the owner of the copyright
that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation
of material fact (falsities) in a written notification automatically
subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written
notification and allegation of copyright infringement.
10. General
10.1 Changes. These Terms are subject to
occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you
provided to us (if any), and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most
current e-mail address. In the event that the last e-mail address that
you have provided us is not valid, or for any reason is not capable of
delivering to you the notice described above, our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of
the changes described in the notice. Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such
changes.
10.2 Dispute Resolution. Please read the following
arbitration agreement in this Section (the “Arbitration Agreement”)
carefully. It requires you to arbitrate disputes with Company, its
parent companies, subsidiaries, affiliates, successors and assigns and
all of their respective officers, directors, employees, agents, and
representatives (collectively, the “Company Parties”) and limits the
manner in which you can seek relief from the Company Parties.
(a) Applicability of Arbitration Agreement. You agree that
any dispute between you and any of the Company Parties relating in any
way to the Site, the services offered on the Site (the “Services”) or
these Terms will be resolved by binding arbitration, rather than in
court, except that (1) you and the Company Parties may assert
individualized claims in small claims court if the claims qualify,
remain in such court and advance solely on an individual, non-class
basis; and (2) you or the Company Parties may seek equitable relief in
court for infringement or other misuse of intellectual property rights
(such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). This Arbitration Agreement shall survive the
expiration or termination of these Terms and shall apply, without
limitation, to all claims that arose or were asserted before you agreed
to these Terms (in accordance with the preamble) or any prior version of
these Terms. This Arbitration Agreement does not preclude you from
bringing issues to the attention of federal, state or local agencies.
Such agencies can, if the law allows, seek relief against the Company
Parties on your behalf. For purposes of this Arbitration Agreement,
“Dispute” will also include disputes that arose or involve facts
occurring before the existence of this or any prior versions of the
Agreement as well as claims that may arise after the termination of
these Terms.
(b) Informal Dispute Resolution. There might be instances when a Dispute
arises between you and Company. If that occurs, Company is committed to
working with you to reach a reasonable resolution. You and Company agree
that good faith informal efforts to resolve Disputes can result in a
prompt, low‐cost and mutually beneficial outcome. You and Company
therefore agree that before either party commences arbitration against
the other (or initiates an action in small claims court if a party so
elects), we will personally meet and confer telephonically or via
videoconference, in a good faith effort to resolve informally any
Dispute covered by this Arbitration Agreement (“Informal Dispute
Resolution Conference”). If you are represented by counsel, your counsel
may participate in the conference, but you will also participate in the
conference.
The party initiating a Dispute must give notice to the other party in
writing of its intent to initiate an Informal Dispute Resolution
Conference (“Notice”), which shall occur within 45 days after the other
party receives such Notice, unless an extension is mutually agreed upon
by the parties. Notice to Company that you intend to initiate an
Informal Dispute Resolution Conference should be sent by email to:
hi@junkmailcleaner.com. The Notice must include: (1) your name,
telephone number, mailing address, e‐mail address associated with your
account (if you have one); (2) the name, telephone number, mailing
address and e‐mail address of your counsel, if any; and (3) a
description of your Dispute.
The Informal Dispute Resolution
Conference shall be individualized such that a separate conference must
be held each time either party initiates a Dispute, even if the same law
firm or group of law firms represents multiple users in similar cases,
unless all parties agree; multiple individuals initiating a Dispute
cannot participate in the same Informal Dispute Resolution Conference
unless all parties agree. In the time between a party receiving the
Notice and the Informal Dispute Resolution Conference, nothing in this
Arbitration Agreement shall prohibit the parties from engaging in
informal communications to resolve the initiating party’s Dispute.
Engaging in the Informal Dispute Resolution Conference is a condition
precedent and requirement that must be fulfilled before commencing
arbitration. The statute of limitations and any filing fee deadlines
shall be tolled while the parties engage in the Informal Dispute
Resolution Conference process required by this section.
(c)
Arbitration Rules and Forum. These Terms evidence a transaction
involving interstate commerce; and notwithstanding any other provision
herein with respect to the applicable substantive law, the Federal
Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation
and enforcement of this Arbitration Agreement and any arbitration
proceedings. If the Informal Dispute Resolution Process described above
does not resolve satisfactorily within 60 days after receipt of your
Notice, you and Company agree that either party shall have the right to
finally resolve the Dispute through binding arbitration. The Federal
Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. The arbitration will be conducted by JAMS, an
established alternative dispute resolution provider. Disputes involving
claims and counterclaims with an amount in controversy under $250,000,
not inclusive of attorneys’ fees and interest, shall be subject to JAMS’
most current version of the Streamlined Arbitration Rules and procedures
available at http://www.jamsadr.com/rules-streamlined-arbitration/; all
other claims shall be subject to JAMS’s most current version of the
Comprehensive Arbitration Rules and Procedures, available
at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules
are also available at www.jamsadr.com or by calling JAMS at
800-352-5267. A party who wishes to initiate arbitration must provide
the other party with a request for arbitration (the “Request”). The
Request must include: (1) the name, telephone number, mailing address,
e‐mail address of the party seeking arbitration and the account username
(if applicable) as well as the email address associated with any
applicable account; (2) a statement of the legal claims being asserted
and the factual bases of those claims; (3) a description of the remedy
sought and an accurate, good‐faith calculation of the amount in
controversy in United States Dollars; (4) a statement certifying
completion of the Informal Dispute Resolution process as described
above; and (5) evidence that the requesting party has paid any necessary
filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the
Request shall also include counsel’s name, telephone number, mailing
address, and email address. Such counsel must also sign the Request. By
signing the Request, counsel certifies to the best of counsel’s
knowledge, information, and belief, formed after an inquiry reasonable
under the circumstances, that: (1) the Request is not being presented
for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of dispute resolution; (2) the claims,
defenses and other legal contentions are warranted by existing law or by
a nonfrivolous argument for extending, modifying, or reversing existing
law or for establishing new law; and (3) the factual and damages
contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for
further investigation or discovery.
Unless you and Company
otherwise agree, or the Batch Arbitration process discussed in
Subsection 10.2(h) is triggered, the arbitration will be conducted in
the county where you reside. Subject to the JAMS Rules, the arbitrator
may direct a limited and reasonable exchange of information between the
parties, consistent with the expedited nature of the arbitration. If the
JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. Your responsibility to pay any JAMS fees and
costs will be solely as set forth in the applicable JAMS Rules.
You and Company agree that all materials and documents
exchanged during the arbitration proceedings shall be kept confidential
and shall not be shared with anyone except the parties’ attorneys,
accountants, or business advisors, and then subject to the condition
that they agree to keep all materials and documents exchanged during the
arbitration proceedings confidential.
(d) Authority of Arbitrator. The arbitrator shall have exclusive
authority to resolve all disputes subject to arbitration hereunder
including, without limitation, any dispute related to the
interpretation, applicability, enforceability or formation of this
Arbitration Agreement or any portion of the Arbitration Agreement,
except for the following: (1) all Disputes arising out of or relating to
the subsection entitled “Waiver of Class or Other Non-Individualized
Relief,” including any claim that all or part of the subsection entitled
“Waiver of Class or Other Non-Individualized Relief” is unenforceable,
illegal, void or voidable, or that such subsection entitled “Waiver of
Class or Other Non-Individualized Relief” has been breached, shall be
decided by a court of competent jurisdiction and not by an arbitrator;
(2) except as expressly contemplated in the subsection entitled “Batch
Arbitration,” all Disputes about the payment of arbitration fees shall
be decided only by a court of competent jurisdiction and not by an
arbitrator; (3) all Disputes about whether either party has satisfied
any condition precedent to arbitration shall be decided only by a court
of competent jurisdiction and not by an arbitrator; and (4) all Disputes
about which version of the Arbitration Agreement applies shall be
decided only by a court of competent jurisdiction and not by an
arbitrator. The arbitration proceeding will not be consolidated with any
other matters or joined with any other cases or parties, except as
expressly provided in the subsection entitled “Batch Arbitration.” The
arbitrator shall have the authority to grant motions dispositive of all
or part of any claim or dispute. The arbitrator shall have the authority
to award monetary damages and to grant any non-monetary remedy or relief
available to an individual party under applicable law, the arbitral
forum’s rules, and these Terms (including the Arbitration Agreement).
The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which any award (or
decision not to render an award) is based, including the calculation of
any damages awarded. The arbitrator shall follow the applicable law. The
award of the arbitrator is final and binding upon you and us. Judgment
on the arbitration award may be entered in any court having
jurisdiction.
(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED
in section 10.2(a) YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead
electing that all covered claims and disputes shall be resolved
exclusively by arbitration under this Arbitration Agreement, except as
specified in Section 10.2(a) above. An arbitrator can award on an
individual basis the same damages and relief as a court and must follow
these Terms as a court would. However, there is no judge or jury in
arbitration, and court review of an arbitration award is subject to very
limited review.
(f) Waiver of Class or Other
Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS
SPECIFIED IN SUBSECTION 10.2(h) EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR
COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY
DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A
CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL
RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER
CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR
USER. Subject to this Arbitration Agreement, the arbitrator may award
declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by the party’s individual claim. Nothing in this paragraph is
intended to, nor shall it, affect the terms and conditions under the
Subsection 10.2(h) entitled “Batch Arbitration.” Notwithstanding
anything to the contrary in this Arbitration Agreement, if a court
decides by means of a final decision, not subject to any further appeal
or recourse, that the limitations of this subsection, “Waiver of Class
or Other Non-Individualized Relief,” are invalid or unenforceable as to
a particular claim or request for relief (such as a request for public
injunctive relief), you and Company agree that that particular claim or
request for relief (and only that particular claim or request for
relief) shall be severed from the arbitration and may be litigated in
the state or federal courts located in the State of Pennsylvania. All
other Disputes shall be arbitrated or litigated in small claims court.
This subsection does not prevent you or Company from participating in a
class-wide settlement of claims.
(g) Attorneys’ Fees and Costs. The parties shall bear their own
attorneys’ fees and costs in arbitration unless the arbitrator finds
that either the substance of the Dispute or the relief sought in the
Request was frivolous or was brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure
11(b)). If you or Company need to invoke the authority of a court of
competent jurisdiction to compel arbitration, then the party that
obtains an order compelling arbitration in such action shall have the
right to collect from the other party its reasonable costs, necessary
disbursements, and reasonable attorneys’ fees incurred in securing an
order compelling arbitration. The prevailing party in any court action
relating to whether either party has satisfied any condition precedent
to arbitration, including the Informal Dispute Resolution Process, is
entitled to recover their reasonable costs, necessary disbursements, and
reasonable attorneys’ fees and costs.
(h) Batch Arbitration.
To increase the efficiency of administration and resolution of
arbitrations, you and Company agree that in the event that there are 100
or more individual Requests of a substantially similar nature filed
against Company by or with the assistance of the same law firm, group of
law firms, or organizations, within a 30 day period (or as soon as
possible thereafter), the JAMS shall (1) administer the arbitration
demands in batches of 100 Requests per batch (plus, to the extent there
are less than 100 Requests left over after the batching described above,
a final batch consisting of the remaining Requests); (2) appoint one
arbitrator for each batch; and (3) provide for the resolution of each
batch as a single consolidated arbitration with one set of filing and
administrative fees due per side per batch, one procedural calendar, one
hearing (if any) in a place to be determined by the arbitrator, and one
final award (“Batch Arbitration”).
All parties agree that
Requests are of a “substantially similar nature” if they arise out of or
relate to the same event or factual scenario and raise the same or
similar legal issues and seek the same or similar relief. To the extent
the parties disagree on the application of the Batch Arbitration
process, the disagreeing party shall advise the JAMS, and the JAMS shall
appoint a sole standing arbitrator to determine the applicability of the
Batch Arbitration process (“Administrative Arbitrator”). In an effort to
expedite resolution of any such dispute by the Administrative
Arbitrator, the parties agree the Administrative Arbitrator may set
forth such procedures as are necessary to resolve any disputes promptly.
The Administrative Arbitrator’s fees shall be paid by Company.
You and Company agree to cooperate in good faith with the JAMS to
implement the Batch Arbitration process including the payment of single
filing and administrative fees for batches of Requests, as well as any
steps to minimize the time and costs of arbitration, which may include:
(1) the appointment of a discovery special master to assist the
arbitrator in the resolution of discovery disputes; and (2) the adoption
of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as
authorizing a class, collective and/or mass arbitration or action of any
kind, or arbitration involving joint or consolidated claims under any
circumstances, except as expressly set forth in this provision.
(i) 30-Day Right to Opt Out. You have the right to opt out of the
provisions of this Arbitration Agreement by sending a timely email to
hi@junkmailcleaner.com, within 30 days after first becoming subject to
this Arbitration Agreement. Your notice must include your name and
address and a clear statement that you want to opt out of this
Arbitration Agreement. If you opt out of this Arbitration Agreement, all
other parts of these Terms will continue to apply to you. Opting out of
this Arbitration Agreement has no effect on any other arbitration
agreements that you may currently have with us, or may enter into in the
future with us.
(j) Invalidity, Expiration. Except as
provided in the subsection entitled “Waiver of Class or Other
Non-Individualized Relief”, if any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable, then
such specific part or parts shall be of no force and effect and shall be
severed and the remainder of the Arbitration Agreement shall continue in
full force and effect. You further agree that any Dispute that you have
with Company as detailed in this Arbitration Agreement must be initiated
via arbitration within the applicable statute of limitation for that
claim or controversy, or it will be forever time barred. Likewise, you
agree that all applicable statutes of limitation will apply to such
arbitration in the same manner as those statutes of limitation would
apply in the applicable court of competent jurisdiction.
(k) Modification. Notwithstanding any provision in these Terms to the
contrary, we agree that if Company makes any future material change to
this Arbitration Agreement, you may reject that change within 30 days of
such change becoming effective by writing Company at the following
email: hi@junkmailcleaner.com. Unless you reject the change within 30
days of such change becoming effective by writing to Company in
accordance with the foregoing, your continued use of the Site and/or
Services, including the acceptance of products and services offered on
the Site following the posting of changes to this Arbitration Agreement
constitutes your acceptance of any such changes. Changes to this
Arbitration Agreement do not provide you with a new opportunity to opt
out of the Arbitration Agreement if you have previously agreed to a
version of these Terms and did not validly opt out of arbitration. If
you reject any change or update to this Arbitration Agreement, and you
were bound by an existing agreement to arbitrate Disputes arising out of
or relating in any way to your access to or use of the Services or of
the Site, any communications you receive, any products sold or
distributed through the Site, the Services, or these Terms, the
provisions of this Arbitration Agreement as of the date you first
accepted these Terms (or accepted any subsequent changes to these Terms)
remain in full force and effect. Company will continue to honor any
valid opt outs of the Arbitration Agreement that you made to a prior
version of these Terms.
10.3 Export. The Site may be subject to U.S. export control laws and may
be subject to export or import regulations in other countries. You agree
not to export, reexport, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such
data, in violation of the United States export laws or regulations.
10.4 Disclosures. Company is located at the address in Section 10.8. If
you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing
at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.
10.5 Electronic Communications. The communications between you and
Company use electronic means, whether you use the Site or send us
emails, or whether Company posts notices on the Site or communicates
with you via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were be
in a hardcopy writing. The foregoing does not affect your non-waivable
rights.
10.6 Entire Terms. These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our failure
to exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual
effect. The word “including” means “including without limitation”. If
any provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired
and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to Company is that of an independent contractor, and
neither party is an agent or partner of the other. These Terms, and your
rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior
written consent, and any attempted assignment, subcontract, delegation,
or transfer in violation of the foregoing will be null and void. Company
may freely assign these Terms. The terms and conditions set forth in
these Terms shall be binding upon assignees.
10.7 Copyright/Trademark Information. Copyright ©
2025 Mariana Labs LLC. All rights reserved.
All trademarks, logos and service marks (“Marks”) displayed on the Site
are our property or the property of other third parties. You are not
permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.
10.8
Contact Information:
junkmailcleaner
Email: hi@junkmailcleaner.com