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ESECRETS.COM TERMS OF USE AGREEMENT

Effective Date: January 8, 2013

Welcome to ESecrets.com. The ESecrets.com website and its associated services (“ESecrets”) and content (collectively “Website”) is a service that is owned and operated by Dreamer Inc. ESecrets has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

ESECRETS MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT ESECRETS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

1. Warranties and Representations

You warrant, understand, and agree that ESecrets is providing this Website for use by those who wish to send electronic mail (email) communications anonymously.

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.

You further warrant, understand, and agree that ESecrets is not the author, creator, or sender of the email and is not responsible for the content of any email or attachment thereto. You understand and agree that ESecrets does not store the email sent by Members on its servers. ESecrets cannot act upon any request, including a subpoena for information, to reveal the identity, information about, or the IP Address of a Member, especially where such request may relate to use of the Website for arguably lawful purposes, because ESecrets does not have the capability to provide such identifiable information. If you have received an email from a Member using ESecrets, you may click the opt-out link to stop receiving emails sent via ESecrets. However, ESecrets, in the sake of privacy, cannot share with you information about its Members.

You agree to accurately and without deception complete the “from” and “subject” line of all emails you send. You understand and agree that ESecrets may add a link to its Website and a statement such as "Email Sent Using esecrets.com” in the footer or other similar location. You further understand and agree that recipients of any email sent using ESecrets may click an opt-out link in order to stop receiving emails sent via ESecrets.

You agree to use ESecrets for only lawful purposes and in compliance with this Agreement. ESecrets does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use ESecrets regarding online activities, email, and conduct. ESecrets is operated in the United States and ESecrets makes no representation that its services or Website are appropriate, lawful, or available for use in other locations. ESecrets is not offered where prohibited by law.

ESecrets is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, or legality of the information contained within any email or other service displayed on or offered through the Website. You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold ESecrets harmless for any errors, omissions, or misrepresentations contained within the Website's content. ESecrets cannot guarantee anonymity to users of ESecrets and its Website given the advances in technology and tracking of IP addresses and other information that may lead to the identification of a user of ESecrets.

2. Acceptable Uses

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from, without limitation:

  1. Spamming, including using for mass email, or generating a number other complaints in excess of industry norms. No spam of any kind is allowed, including, without limitation, mass emailings, unsolicited commercial email messages, email scraping software, emails sent with intent to solicit sales, and spam sent from networks outside of ESecrets containing links to ESecrets. Any software that can be used as a spam tool may be deemed a spam resource at ESecrets sole discretion. ESecrets reserves the right, but does not assume any duty or obligation to monitor or otherwise, to determine if particular email being sent or received is spam. If you are concerned about your emails being deemed spam in violation of the CAN-SPAM Act or similar law, you should consult an attorney and ensure compliance with the law, which can review by visiting CAN-SPAM Act: A Compliance Guide. In addition, in the event you send email messages to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent, within the meaning of Canada's Anti-Spam Legislation, S.C. 2010, c. 23;
  2. Phishing. No email "pretending" to be or impersonating another for whatever reason, including but not limited to, attempting to obtain or gain access to personal information or personally identifiable information, such as credit card numbers, SSNs (social security numbers), national insurance numbers, passwords, security credentials, or sensitive personal or health information of any kind;
  3. Sending email to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses;
  4. Harassing a third party through your use of the Website;
  5. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  6. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
  7. Posting or transmitting content that is offensive, derogatory, obscene, or otherwise objectionable;
  8. Posting or transmitting content that is defamatory;
  9. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a pyramid scheme, unlawful lottery or gambling, or a chain letter;
  10. Posting or transmitting content that markets material or exploits children under the age of 18 years of age;
  11. Posting or transmitting content that advocates, promotes, or encourages violence against any governments, organizations, groups, entities, individuals;
  12. Posting or transmitting content that provides information, instruction, advice, or assistance in causing or carrying out any violence or unlawful activity;
  13. Posting or transmitting viruses, worms, Trojan horses, spyware, or other harmful code or material;
  14. Posting or transmitting content that pertains to pornography, illegal drugs or contraband, illegal goods/pirated software/infringing material, or weaponry;
  15. Posting or transmitting content that violates any term or condition of this Agreement;
  16. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  17. Circumventing ESecrets’ technological or security protection mechanisms;
  18. Using a robot, spider, scraper, or other automated technology to access the Website;
  19. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or
  20. Using ESecrets if you are restricted from doing so by an United States governmental department or agency, including, without limitation, the U.S. Treasury Department or the U.S. Commerce Department.

Your violation of any term or condition of this section may result in the immediate termination of your Member Account and the disabling of your access to the Website.

3. User Generated Email Content

ESecrets provides you with the ability to submit user generated email content through the Website, which may include, but is not limited to, information, text, photographs, images and designs, and attachments, in whatever form (collectively “User Generated Email Content”). You agree that you are the owner of, or have rights to, any and all User Generated Email Content submitted through use of the Website. You agree that any and all User Generated Email Content submitted through ESecrets is at your sole risk and not that of ESecrets. You further warrant that any User Generated Email Content that you submit through the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

By submitting User Generated Email Content through the Website, you grant ESecrets a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website.

 

4. Section 230 of Communications Decency Act

You acknowledge and agree that ESecrets is an interactive computer service provider under Section 230 of the Communications Decency Act. ESecrets may edit, remove, or control the content displayed on its Website. However, ESecrets shall not edit, remove, or control any User Generated Email Content and you agree that ESecrets will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious (including spam) content created by third parties, whether through the Website or otherwise.

For the purposes of European Directive 95/46/EC and any and all applicable national implementing laws in your jurisdiction, you understand, acknowledge and agree that you are the data controller, and ESecrets is merely a data processor. You also acknowledge and agree that you are responsible for complying with all obligations of an information content provider and/or data controller under applicable law.

5. Registered Membership Account

Users will be required to register a membership account (“Member Account”) to either send email through ESecrets’ Website. Members will provide information, including that set forth in the Privacy Policy incorporated into this Agreement, to ESecrets when registering a Member Account.

Members must pay a fee in order to purchase credits that will allow Members to access or use services associated with the Website, including, without limitation, send an anonymous email.

You may only use your Member Account and you are expressly prohibited from providing additional parties with access your Member Account. You may only register one Member Account. You agree that, in registering a Member Account, you will provide ESecrets with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member Account, whether authorized or unauthorized. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to ESecrets. By creating a Member Account, you agree that ESecrets may contact you by any available means, including, but not limited to, by email.

6. Payment for Credits

ESecrets accepts payment via PayPal only. You agree to pay all fees and charges on time, and ESecrets may terminate or disable your access to the Website or your Member Account if you fail to pay any amount owing to ESecrets when due. You agree that you will pay all costs of collection, including legal fees, incurred by ESecrets.

Credits are used when an email is sent by Member.

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars. You agree that you will not initiate any chargebacks to ESecrets unless otherwise authorized by ESecrets in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against ESecrets.

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify ESecrets, in writing, within ten (10) days of any such dispute. You understand that your failure to notify ESecrets of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

ESecrets reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. ESecrets reserves the right at any time to modify the price charged for credits and/or services offered through the Website.

7. Ownership of Website Content

You understand and agree that ESecrets is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of ESecrets. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.

ESECRETS is a trademark of ESecrets in the United States and other countries, and you may not use any of ESecrets’ trademarks, or other intellectual property, without its prior, written permission.

ESecrets hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. No right to the software or underlying technology is granted to you. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to ESecrets.

8. Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that ESecrets does not own or control. You agree that ESecrets will not be held responsible or liable for the content of third party websites, applications, or services and that ESecrets’ inclusion of those websites, applications, or services within its Website does not constitute ESecrets’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

9. Termination

ESecrets may terminate your access to or use of the Website, and disable any ESecrets service, for any reason or no reason whatsoever, including, without limitation, if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion, and any such determination shall be final, binding and conclusive for all purposes under this Agreement.

You may terminate your Member Account at anytime by contacting ESecrets.

10. Privacy Policy

ESecrets hereby incorporates its Privacy Policy into this Agreement.

11. Copyright Policy

ESecrets hereby incorporates its Copyright Policy into this Agreement.

12. Disclaimer of Warranties

ESECRETS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE. ESECRETS PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

ESECRETS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY EMAIL CONTENT TRANSMITTED THROUGH THE WEBSITE. ESECRETS DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. ESECRETS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

ESECRETS DISCLAIMS ANY WARRANTY OR GUARANTEE OF ANONYMITY TO ITS USERS.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT ESECRETS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR EMAIL SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT ESECRETS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY CREDITS OR SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO ESECRETS FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

You understand and agree that ESecrets’ fees and ESecrets’ entering into this Agreement is based upon reliance on the disclaimers of warranty and limitations on liability and they form the bargain between the ESecrets and you.

14. Indemnification

You agree to hold harmless, indemnify, and defend ESecrets, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, breach by you, email content sent by you, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend ESecrets under the terms of this Agreement will not provide you with the right to control ESecrets’s defense, and ESecrets reserves the right to control its defense regardless of your contractual requirement to defend ESecrets. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of ESecrets, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order, if at all.

15. Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. ESecrets may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website.

16. Resolution of Disputes

This Agreement will be interpreted under and governed by the laws of the State of Washington without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against ESecrets will be exclusively resolved through arbitration.

YOU AND ESECRETS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ATLANTIC CITY, WASHINGTON AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF WASHINGTON AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND ESECRETS AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF WASHINGTON IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND ESECRETS AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

17. Miscellaneous Provisions

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement, the Privacy Policy, and the Copyright Policy incorporated by reference constitute the entire agreement between you and ESecrets with respect to the Website and your relationship with ESecrets. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind ESecrets.

The Website is not directed to persons under the age of eighteen (18) and ESecrets will not knowingly collect personally identifiable information from children under the age of eighteen (18). If ESecrets inadvertently collects personally identifiable information, ESecrets will delete the personally identifiable information in accordance with its security protocols.

ESECRETS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN TWELVE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN TWELVE MONTHS WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ESECRETS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

All rights not expressly granted herein are reserved to ESecrets.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC

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