Website Terms of Use

The Valimail website (the “Website”) is located at https://www.valimail.com/ and is operated by Valimail Inc. (“Valimail”). Access to the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. The terms for the use of Valimail’s Platform Services are available separately.

Modification of these Terms of Use

Valimail reserves the right to change the terms, conditions, and notices under which the Website is offered.

Links to Third Party Sites

The Website may contain links to other websites (“Linked Sites”) operated by Valimail or third parties. Any Linked Sites operated by third parties are not under the control of Valimail and Valimail is not responsible for the contents of any such Linked Site, including without limitation any link contained in a Linked Site. Valimail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Valimail of the Linked Site or any association with its operators. Your use of any Linked Site operated by Valimail is subject to the terms and conditions provided by Valimail for such Linked Site.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Valimail that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

Content

The Website and all content made available in the Website (“Valimail Content”) are the property of Valimail. You may use the Valimail Content on the Website solely for your personal, noncommercial use. You are not permitted to reproduce Valimail Content in any online website or distribution method (e.g., online fora, mailing lists or newsgroups) if for any reason (including any third party technical or legal restrictions) you do not provide a link back to the specific URL of the Valimail Content. For the avoidance of doubt, this license shall not include any right to attempt to reproduce material portions of the Website, regardless of the means used. All other uses require written permission from Valimail. All rights not expressly granted herein are reserved.

Materials Provided to Valimail or Posted at The Website

Valimail appreciates hearing from our users and welcome your comments regarding our services and the Website. Please be advised, however, that Valimail does not as a matter of policy solicit or desire to receive any creative ideas, suggestions, inventions or materials other than those we have specifically requested. While Valimail does value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively, “Submissions”), you grant Valimail a world-wide perpetual, irrevocable, sublicensable (to any number of tiers) nonexclusive right and license to exploit your Submissions in any way Valimail sees fit, including, without limitation, the rights to: incorporate your Submission in any Valimail product or service or base a product or service on your Submission, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions. Valimail is under no obligation to use any Submissions you may provide. No part of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL VALIMAIL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VALIMAIL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND VALIMAIL CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE WEBSITE AND ANY VALIMAIL CONTENT IS ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VALIMAIL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE OR THE VALIMAIL CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VALIMAIL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

Valimail and/or its suppliers may make improvements and/or changes to the Website at any time. Valimail reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, these terms and conditions are governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in the City and County of San Francisco, California, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Valimail as a result of these terms and conditions or use of the Valimail Website. Nothing contained in these terms and conditions is in derogation of Valimail’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Valimail with respect to such use. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect. Unless otherwise specified herein, these terms and conditions constitutes the entire agreement between the user and Valimail with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Valimail with respect to the Website. No amendment to these terms and conditions shall be binding on Valimail unless it is in a published version of these terms and conditions or in a writing signed by an officer of Valimail. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English.

Last Revised: August 28, 2019