Last modified: March 18, 2020
Datawallet offers various products and services, such as:
- The Datawallet Website (namely www.datawallet.com), which provides information to website-visitors interested in Datawallet
- A browser plugin, offered to individuals who wish to control their data.
- Datawallet Compliance, a product to help businesses (Datawallet's "Clients") become compliant with US and European privacy laws, such as the CCPA and the GDPR.
- Parties. These Terms are between Datawallet, Inc., a Delaware Corporation ("Datawallet") and the subscribing organization ("Client"). The Client subscribes via an authorized member of the Client's organization ("Customer"), who specified the Client when registering the account and inputting a Company Name (the Client). By agreeing to these Terms, Customer claims that they are authorized to enter into this agreement on behalf of Client. If Customer misrepresents their authorization to make this agreement on behalf of Client, all Client obligations—including payment obligations under Section 2.6 (Fees)—fall onto the Customer.
- Product. Datawallet has created a proprietary blockchain-enabled solution called "Datawallet Consumer First Compliance" ("Datawallet Compliance"), which can be subscribed to in three packages: Essentials, Professional, and Enterprise. Datawallet Compliance is designed to help Datawallet's Client become compliant with various personal data, data privacy, and data security laws.
- Agreement. As an express condition of Client's use of and access to Datawallet Compliance, Client agrees to pay all Fees applicable to the subscription plan (the "Plan") chosen by Customer, all of which constitutes an agreement ("Agreement").
License, Rights & Restrictions.
- Use Restrictions. Client shall use Datawallet Compliance only in accordance with these terms, the Order Form (in the case of Enterprise Clients) and applicable law. Client, on behalf of itself and its Brands, shall not: (A) frame or mirror any content forming part of Datawallet Compliance; (B) reverse engineer, decompile, disassemble or trace the source of Datawallet Compliance (or otherwise attempt to derive the code or underlying ideas or algorithms of Datawallet Compliance); (C) remove, alter, or obscure any proprietary notices of Datawallet, its licensors or supplier included in Datawallet Compliance; (D) interfere with or disrupt the integrity or performance of Datawallet Compliance or the data contained therein, including by conducting load or penetration testing; (E) access or use Datawallet products or services to (1) build a competitive product or service, or (2) copy any ideas, features, functions or graphics of Datawallet Compliance; nor (F) attempt to gain unauthorized access to the datawallets or their related systems or networks.
- Datawallet as a Service Provider. Datawallet shall act as a Service Provider in its relationship to the Client and only use any consumer personal information that may be collected, shared, maintained or used on behalf of the Client to achieve the purposes set out in this agreement. Datawallet will not sell the Personal Information collected on behalf of the Client or received from the Client, however, Datawallet may assist users who control their own Personal Information to sell that Personal Information. Datawallet may combine personal information received on behalf of the Client with information received from other Clients on behalf of such Clients, to detect security incidents, or protect against fraudulent or illegal activity. Datawallet may also allow consumers to combine their Personal Information, received on behalf of multiple Clients, to provide consumers with one central point to manage their permission settings and data rights, in order to improve Datawallet's services to consumers.
- Attribution Requirements. Client shall accept, and not mask or otherwise hide the built-in branding within the DSR-form and CCPA-banner noting that they are "Powered by Datawallet".
- Future. Client agrees that its purchase of Datawallet products and services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Datawallet with respect to future functionality or features.
- Fees. Client will pay all fees as and when described in the subscription process on the Datawallet website or in the applicable Order Form(s) (the "Fees"). The Fees for Client's Plan are billed in advance, are non-refundable, and automatically renew on a monthly or annual basis, as specified in the applicable Plan. No refunds or credits will be provided for partial months of Plans.
- Late Payment. If any amounts invoiced as Fees are not received by Datawallet by the due date, Datawallet reserves the right to hold the transfer of consumer requests submitted via Datawallet Compliance. Additionally, interest on late payments accrues from the due date at the lesser of 1.5% per month or the highest rate allowed by law. In addition, upon 30 days' written notice to Enterprise Client provided after the due date, Datawallet may suspend Client's access to Datawallet Compliance, if any, if Datawallet has not received the amounts invoiced hereunder at the expiration of such 30-day period.
- Taxes and Withholdings. Client is responsible for paying all taxes, assessments, charges, fees, and levies that may be levied or based upon Client's subscription to Datawallet Compliance, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority. If Datawallet has the legal obligation to pay or collect Taxes for which Client is responsible under this Section 2.7, the appropriate amount shall be invoiced to and paid by Client, unless Client provides Datawallet with a valid tax exemption certificate authorized by the appropriate taxing authority.
Term & Termination.
- For Clients on the yearly plan: The initial term of the Agreement begins on the date the Plan is chosen ("Effective Date") and continues for one year (the "Yearly Initial Term"), unless earlier terminated in accordance with these terms. The Agreement will automatically renew for successive additional one-year periods (each, a "Renewal Term" and together with the Initial Term, (the "Term") unless either party provides notice of its intent to not renew the Agreement at least 1 day prior to the end of the then-current Initial Term or Renewal Term, as applicable.
- For Clients on the monthly plan: The initial term of the Agreement begins on the date the Plan is chosen ("Effective Date") and continues for one month (the "Monthly Initial Term"). The Agreement will automatically renew for successive additional one-month periods (each, a "Renewal Term" and together with the Initial Term, the "Term") unless either party provides notice of its intent to not renew the Agreement at least 1 day prior to the end of the then-current Initial Term or Renewal Term, as applicable.
- Plan Cancellation. If Client cancels a Plan before the end of a current pre-paid period, Client will not be charged again for the Plan beginning with the next billing cycle. If Client cancels a Plan, Client will lose all access, upon expiration of the current pre-paid period, to the Datawallet Services and Platform and any data associated with Client's account.
- Free Trial Period. During the registration process, Datawallet may offer a one-time free trial period during which Clients can try out the Datawallet Services and Platform for a set period starting from the date of registration without pre-paying in advance ("Free Trial Period"). Clients do not need to provide a valid payment method in order to start the Free Trial Period. Once the Free Trial Period ends, participating Clients are prompted to select one of the three Plans (Essentials, Professional, Enterprise) and to provide a valid payment method. If the Client fails to subscribe to a paid subscription Plan after the Free Trial Period has come to an end, the incoming Data Subject Requests will no longer be forwarded to the Client. It is recommended to remove the link to the Datawallet Data Subject Request web form in this case.
- Termination. Either party may terminate the Agreement if the other party materially breaches its obligations under the Agreement and fails to cure the breach within 30 days after receiving specific written notice of the asserted breach. Datawallet may also suspend Client's access to Datawallet Compliance if Client breaches the Agreement.
- Effect of Termination. Upon termination of the Agreement for any reason, the Client will be provided a copy of the records of all completed processed DSR's up until the effective date of termination made through the Datawallet DSR-form and handled with the Datawallet workflow, but the Client's access to the Datawallet products and services (including the DSR Hosted Datawallets themselves) will cease.
- Survival. In addition to those continuing obligations described in Section 3.5 (Effect of Termination), all defined terms and the terms of Sections 3.7 (Proprietary Rights), 4 (DISCLAIMER), 5 (Indemnification), 6 (Confidentiality), 7 (Limitation of Liability), 9 (Dispute Resolution), 10 (General Terms) and this Section 3.6 (Survival) will survive the expiration or termination of this Agreement.
- Proprietary Rights. Client acknowledges that Datawallet owns and retains all rights, title and interest, including all intellectual property rights, in and to the products and services provided by Datawallet under this Agreement, including all technology, software, algorithms, user interfaces, trade secrets, techniques, designs, inventions, works of authorship and all other related or included tangible and intangible material and information. Other than as expressly set forth in this Agreement, no licenses or other rights in or to the datawallets are granted to Client and all such rights are hereby expressly reserved.
Clients with Order Forms.
- If an Order Form exists, Datawallet shall invoice Clients for the Fees in the currency set forth on the applicable Order Form. Unless otherwise stated on the Order Form and related executedagreements, all invoices shall be payable upon presentation and prior to any commencement of Services. Any disputed amounts shall not affect payment of non-disputed amounts. Client shall make payments to Datawallet via the entity and address set forth in the Order Form and related executed agreements, in the manner described on the Order Form and related executedagreements, and for the Term described in the Order Form and related executed agreements.
- Auto-Renewal. Clients agrees and authorizes Datawallet to issue an annual recurring charge for Enterprise Client's utilization of Datawallet Compliance absent termination consistent with the Order Form and related executed agreements.
- DATAWALLET PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. DATAWALLET EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO DATAWALLET COMPLIANCE OR OTHER PRODUCTS OR SERVICES PROVIDED BY DATAWALLET UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. DATAWALLET DOES NOT WARRANT THAT DATAWALLET COMPLIANCE WILL BE PROVIDED ERROR-FREE, BUG-FREE OR UNINTERRUPTED.
- Indemnification by Datawallet. Subject to Client's indemnification obligations in Section 5.2 (Indemnification by Client), Datawallet shall indemnify, defend and hold harmless Client and each Brand, their respective affiliates and their respective officers, directors, employees and agents (the "Client Indemnified Parties") from and against any and all third-party claims or actions related to: (A) Datawallet's violation of any laws applicable to its collection or generation of consumer consents or requests or consumer personal information, or (B) allegations that Datawallet's intellectual property, or Client's or any Brand's use of that intellectual property in accordance with this Agreement, infringes a third party's patent, copyright or trademark or misappropriates a third party's trade secret. Datawallet will pay all damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees and costs, that are finally awarded, incurred by, or asserted against the Client Indemnified Parties in connection with claims subject to this Section.
- Indemnification by Client. Client shall indemnify, defend and hold harmless Datawallet and its affiliates and their respective officers, directors, employees and agents (the "Datawallet Indemnified Parties") from and against any and all third-party claims or actions related to: (A) Client's violation of any laws applicable to its use of consumer personal information, or (B) Client's use or misuse of Datawallet Compliance, including but not limited to: (1) unauthorized use or disclosure of consumer personal information; (2) misrepresenting the data the Client collects, processes, or the nature of the processing use cases; or (3) not providing consumers the required information or choices around the data the client collects and processes. Client will pay all damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees and costs, that are finally awarded, incurred by, or asserted against the Datawallet Indemnified Parties in connection with claims subject to this Section.
- Indemnification Process. As applicable, the Datawallet Indemnified Parties and Client Indemnified Parties are "Indemnified Parties" and the party providing indemnification is the "Indemnitor". The Indemnified Party will give the Indemnitor timely written notice of any claim subject to indemnification under the Agreement. The Indemnitor has the right to defend against any indemnified claim with counsel of its own choosing and settle the claim as the Indemnitor reasonably deems appropriate. However, the Indemnitor will not enter into any settlement that has or would have an adverse effect on any Indemnified Party without the Indemnified Party's prior written consent. The Indemnified Parties will reasonably cooperate with the Indemnitor in the defense and settlement of any indemnified claim and may elect to engage their own counsel and participate in the defense at their expense.
- Confidential Information. The "Confidential Information" of a party (the "disclosing party") means any information (whether owned by the disclosing party or a third party) that the other party (the "recipient") learns or receives from or on behalf of the disclosing party in connection with the Agreement, whether in writing, orally, or in any other form, that the recipient knows or reasonably should know is considered confidential or proprietary by the disclosing party. A party's Confidential Information includes, but is not limited to, (A) that party's trade secrets, technical information, know-how, technology, prototypes, methods, ideas, data, cost information, client information, financial information, supplier and customer identities and lists, and business and marketing plans, and (B) any copies, extracts, analyses, compilations, forecasts, studies or other documents containing or reflecting that party's Confidential Information that are prepared by, on behalf of, or in cooperation with the other party. Datawallet's Confidential Information includes but is not limited to the Admin Console and DSR Hosted Datawallets, subject to the rights and permissions granted to Client and each Brand under this Agreement.
- Confidentiality and Non-Disclosure. The recipient acknowledges that the disclosing party's Confidential Information is an asset of considerable value, and that disclosure of that Confidential Information to third parties would be damaging. During and after the Term, the recipient will: (A) keep the disclosing party's Confidential Information confidential and use it solely for the purposes of exercising its rights and performing its obligations under the Agreement; (B) not directly, or indirectly, without authorization, reveal, report, publish, disclose or transfer the disclosing party's Confidential Information to any third party except as expressly authorized under this Agreement or otherwise in writing by the disclosing party; (C) use procedures constituting a high degree of care to maintain the security of the disclosing party's Confidential Information, but in no event less than a reasonable standard of care under the circumstances; and (D) disclose the disclosing party's Confidential Information to the recipient's employees, consultants and subcontractors solely as permitted under this Agreement, and in any case only on a need-to-know basis as required in connection with recipient's performance of its duties and exercise of its rights under the Agreement. The parties may disclose the general nature of the Agreement; however, all other terms of the Agreement are Datawallet's Confidential Information and may not be disclosed to any third party without Datawallet's prior written consent.
- Required Disclosures. If the recipient is required by law or court order to disclose any of the disclosing party's Confidential Information, the recipient will: (A) notify the disclosing party in writing as soon as possible, but in no event less than ten days prior to any required disclosure; (B) cooperate with the disclosing party to preserve the confidentiality of its Confidential Information consistent with applicable law; and (C) limit any disclosure to the minimum disclosure necessary to comply with the applicable law or court order..
- Return of Confidential Information. Subject to Client's rights in previously acquired Confidential Information in accordance with Section 3.5 (Effect of Termination), the recipient shall return or destroy the disclosing party's Confidential Information within 20 days after the effective date of termination of this Agreement. The recipient will not be required to search archived electronic files for the disclosing party's Confidential Information in order to purge that information from its files. The recipient may retain copies of the disclosing party's Confidential Information as necessary to comply with applicable laws, the recipient's written document retention or information governance policies, or any applicable professional standard.
Limitation of Liability.
- Damages Disclaimer. EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, BUSINESS, GOODWILL, PROFITS OR REVENUE) FOR ANY CLAIM ARISING UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF THE RELEVANT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- Damages Cap. EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER OR CLIENT'S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID TO DATAWALLET (IN THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE) IN CONNECTION WITH THE BRAND(S) THAT ARE THE SUBJECT OF THE CLAIM OR LIABILITY.
- General. Each party shall comply with all laws, rules, regulations and regulatory guidance applicable to its activities under this Agreement, including but not limited to notices and choices with respect to the collection and processing of consumers' personal information.
- Dispute Resolution. Client and Datawallet will work together in good faith first to resolve any issues through discussions between their respective relationship managers. If the relationship managers are unable to resolve the issue within 30 days after their discussions on that issue begin, then they will escalate the dispute to their senior management. If an issue is not resolved within 30 days after escalation to senior management, either party may initiate arbitration pursuant to the commercial rules of the American Arbitration Association ("AAA"). The arbitration will be conducted in New York, New York by one arbitrator agreed upon by the parties or, in the absence of agreement, selected by the AAA. Each party will pay its own expenses arising from the arbitration, and the parties will share equally the expenses of the arbitrator and the AAA. The prevailing party in the arbitration proceedings will be entitled to recover reasonable attorneys' fees and expenses incurred in connection with the proceeding, in addition to any other relief to which the prevailing party may be entitled. Any arbitration award will be final, and judgment on it may be entered in any court of competent jurisdiction. If a party breaches or threatens to breach its obligations under Section 2 (License, Rights & Restrictions) Section 6 (Confidentiality) or Section 8 (Compliance), the other party may suffer harm that may not be adequately compensated by monetary damages. In that case, the other party may, in addition to pursuing arbitration in accordance with this Section, seek specific performance and injunctive or other equitable relief in any court of competent jurisdiction.
- Governing Law; Venue. The Agreement will be governed by, and construed under, the laws of the State of New York, without application of its conflict of laws rules. Subject to Section 9.1 (Dispute Resolution), the parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in New York. IF THE ARBITRATION PROVISION IN SECTION 9.1 (DISPUTE RESOLUTION) IS HELD TO BE INVALID AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAWALLET AND CLIENT HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING REGARDING ANY LITIGATION RELATED TO THIS AGREEMENT.
- Prohibition of Class and Representative Actions. DATAWALLET AND CLIENT HEREBY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
- Time Limits on Claims. No action against Datawallet arising from or relating to the violation of any rights pertaining to consumer personal information, the use of Datawallet Compliance, or this Agreement more generally, may be brought more than two years after the date on which the alleged claim arose.
Notices. Other than routine communications made in the ordinary course of performing any obligations under the Agreement, all notices or other communications required or permitted to be given under the Agreement must be in writing and will be deemed to have been sufficiently given when delivered in person, or by responsible courier, or when deposited with the United States Postal Service, first class registered or certified mail, postage prepaid, addressed as follows (or to such other address or individual as either party may specify from time to time in writing):
- If to Datawallet: Datawallet, Inc. | 511 Ave of the Americas | Unit #967 | New York, NY 10011 | Attn: Legal Department
- If to Client: email address provided by subscribing Customer
- Assignment. Client shall not assign, transfer or delegate (whether by operation of law, change of control, asset sale, merger, reorganization or otherwise) the Agreement without Datawallet's express written consent, which shall not be unreasonably withheld. Subject to the foregoing, the Agreement inures to the benefit of and is binding upon the parties and their successors and permitted assigns.
- Amendment; Severability; Waiver. This Agreement may only be amended by a writing signed by both parties. If any provision of the Agreement is found by the arbitrators to be contrary to applicable law, the remaining provisions of the Agreement, if capable of substantial performance, will remain in full force and effect. No delay or omission by either party to exercise any right or power it has under the Agreement will impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be signed by a duly authorized representative of the party waiving its rights.
- Entire Agreement. This Agreement and each mutually executed Order set forth the complete and final expression of the parties' agreement about their subject matter, and there are no other representations, understandings or agreements between the parties about that subject matter.
- No Legal Advice. The information, resources, compliance tools, and services provided by the Service are not intended to be, and may not be used as, legal advice. No attorney-client relationship is formed between you and us. Your use of the Service is at your own risk. You should consult with qualified legal counsel before for any advice about your rights under applicable data privacy and data security laws, or in regard to the Service. We are not a law firm, do not represent or advise clients in any matter, and are not bound by the professional responsibilities and duties of a legal practitioner. Nothing in the information and services provided by the Service, nor any receipt or use of such services, shall be construed or relied on as creating any attorney-client relationship or providing any legal representation, advice or opinion whatsoever by us.
- Links from the Service. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or services linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
- Disclaimer of Warranties. YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DATAWALLET NOR ANY PERSON ASSOCIATED WITH DATAWALLET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER DATAWALLET NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, DATAWALLET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DATAWALLET, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW, AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU.
- Electronic Notice and Signature. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications"). We may provide these Communications to you by posting them via the Website, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at email@example.com if you have any questions regarding any Communication. You further consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act while using the Service, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.