PRIVACY POLICY Effective date: 04/20/2021
1. Introduction Welcome to gmailexporter.com,
INC
gmailexporter.com, INC (“us”, “we”, or “our”) operates https://www.gmailexporter.com/ and
the Gmail Exporter Browser Extensions (hereinafter referred to as “Service”).
Our Privacy Policy
governs your visit to https://www.gmailexporter.com/ and use of the Gmail Exporter Browser Extensions, and
explains how we collect, safeguard and disclose information that results from your use of our
Service.
We use your data to provide and improve Service. By using Service, you agree to the
collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy
Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and
Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service and
together with the Privacy Policy constitutes your agreement with us (“agreement”).
2. Definitions
SERVICE means
the https://www.gmailexporter.com/website operated by gmailexporter.com, INC
PERSONAL
DATA means data about a living individual who can be identified from those data (or from those and other
information either in our possession or likely to come into our possession).
USAGE DATA is data
collected automatically either generated by the use of Service or from Service infrastructure itself (for
example, the duration of a page visit).
COOKIES are small files stored on your device (computer or
mobile device).
DATA CONTROLLER means a natural or legal person who (either alone or jointly or in
common with other persons) determines the purposes for which and the manner in which any personal data are, or
are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who
processes the data on behalf of the DataController. We may use the services of various Service Providers in
order to process your data more effectively.
DATA SUBJECT is any living
individual who is the subject of Personal Data.
THE USER is the individual using
our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Information Collection and Use
We collect several
different types of information for various purposes to provide and improve our Service to you.
4. Types of Data Collected
Personal Data
While
using our Service, we may ask you to provide us with certain personally identifiable information that can be
used to contact or identify you (“Personal Data”). Personally identifiable information may
include, but is not limited to:
(a) Email address
(b) First name and last
name
(c) Phone number
(d) Address,State, Province, ZIP/Postal code, City
(e) Cookies and Usage Data
We may use your Personal Data to contact you with
newsletters, marketing or promotional materials and other information that may be of interest to you. You may
opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by
emailing at support@gmailexporter.com .
Usage Data
We may also collect
information that your browser sends whenever you visit our Service or when you access Service by or through a
mobile device (“Usage Data”).
This Usage Data may include information such as your
computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service
that you visit, the webpages you may visit while using our Service, the time and date of your visit, the time
spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with
a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile
device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile
Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies
Data
We use cookies and similar tracking technologies to track the activity on our Service
and we hold certain information.
Cookies are files with a small amount of data which may include an
anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other
tracking technologies are also used such as beacons, tags and scripts to collect and track information and to
improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when
a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our
Service.
Examples of Cookies we use:
(a) Session Cookies: We
use Session Cookies to operate our Service.
(b) Preference Cookies: We
use Preference Cookies to remember your preferences and various settings.
(c) Security
Cookies: We use Security Cookies for security purposes.
(d) First Party
Cookies: We use First Party Cookies to include data from sites that you visit while the service is
being used.
(e) Advertising Cookies: Advertising Cookies are used to serve
you with advertisements that may be relevant to you and your interests.
Other
Data
While using our Service, we may also collect the following information: sex, age, date
of birth, place of birth, passport details, citizenship, registration at place of residence and actual address,
telephone number (work, mobile), details of documents on education, qualification, professional training,
employment agreements, non-disclosure agreements, information on bonuses and compensation, information on
marital status, family members, social security (or other taxpayer identification) number, office location and
other data.
5. Use of Data
gmailexporter.com,
INC uses the collected data for various purposes:
(a) to provide and maintain our
Service;
(b) to notify you about changes to our Service;
(c) to
allow you to participate in interactive features of our Service when you choose to do so;
(d) to provide customer support;
(e) to gather analysis or
valuable information so that we can improve our Service;
(f) to monitor the usage
of our Service;
(g) to detect, prevent and address technical issues;
(h) to fulfill any other purpose for which you provide it;
(i) to
carry out our obligations and enforce our rights arising from any contracts entered into between you and us,
including for billing and collection;
(j) to provide you with notices about your
account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
(k) to provide you with news, special offers and general information about other goods,
services and events which we offer that are similar to those that you have already purchased or enquired about
unless you have opted not to receive such information;
(l) in any other way we may
describe when you provide the information;
(m) for any other purpose with your consent.
6. Retention of Data
We will retain your Personal Data
only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your
Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to
retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and
policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained
for a shorter period, except when this data is used to strengthen the security or to improve the functionality
of our Service, or we are legally obligated to retain this data for longer time periods.
7. Transfer of Data
Your information, including Personal Data,
may be transferred to – and maintained on – computers located outside of your state, province, country or other
governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If
you are located outside United States and choose to provide information to us, please note that we transfer the
data, including Personal Data, to United States and process it there.
Your consent to this Privacy
Policy followed by your submission of such information represents your agreement to that transfer.
gmailexporter.com, INC will take all the steps reasonably necessary to ensure that your data is
treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take
place to an organisation or a country unless there are adequate controls in place including the security of your
data and other personal information.
8. Disclosure of Data
We may disclose personal information that we collect, or you provide:
(a) Disclosure for Law Enforcement.
Under certain circumstances, we
may be required to disclose your Personal Data if required to do so by law or in response to valid requests by
public authorities.
(b) Business Transaction.
If we or our
subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
(c) Other cases. We may disclose your information also:
(i) to fulfill the purpose for which you provide it;
(ii) for any other purpose disclosed by us when you provide the information;
(iii) with your consent in any other cases;
(iv) if we believe disclosure is
necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
9. Security of Data
The security of your data is
important to us but remember that no method of transmission over the Internet or method of electronic storage is
100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot
guarantee its absolute security.
10. Your Data Protection Rights Under General Data Protection
Regulation (GDPR)
If you are a resident of the European Union (EU) and European
Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at
https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to
correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal
Data we hold about you and if you want it to be removed from our systems, please email us at
support@gmailexporter.com .
In certain circumstances, you have the following data protection
rights:
(a) the right to access, update or to delete the information we have on you;
(b) the right of rectification. You have the right to have your information rectified if that
information is inaccurate or incomplete;
(c) the right to object. You have the right to
object to our processing of your Personal Data;
(d) the right of restriction. You have the
right to request that we restrict the processing of your personal information;
(e) the right
to data portability. You have the right to be provided with a copy of your Personal Data in a structured,
machine-readable and commonly used format;
(f) the right to withdraw consent. You
also have the right to withdraw your consent at any time where we rely on your consent to process your personal
information;
Please note that we may ask you to verify your identity before responding to such requests.
Please note, we may not able to provide Service without some necessary data.
You have the right to
complain to a Data Protection Authority about our collection and use of your Personal Data. For more
information, please contact your local data protection authority in the European Economic Area (EEA).
11. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online
services to post a privacy policy. The law’s reach stretches well beyond California to require a person or
company in the United States (and conceivable the world) that operates websites collecting personally
identifiable information from California consumers to post a conspicuous privacy policy on its website stating
exactly the information being collected and those individuals with whom it is being shared, and to comply with
this policy. – See more at:
https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/
According to CalOPPA we agree to the following:
(a) users can visit our site
anonymously;
(b) our Privacy Policy link includes the word “Privacy”, and can easily be
found on the page specified above on the homepage of our website;
(c) users will be notified
of any privacy policy changes on our Privacy Policy Page;
(d) users are able to change their
personal information by emailing us at support@gmailexporter.com .
OurPolicy on “Do Not Track”
Signals: We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track
browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites
that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the
Preferences or Settings page of your web browser.
12. Your Data Protection Rights under the
California Consumer Privacy Act (CCPA)
If you are a California resident, you are
entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To
exercise your data protection rights, you can make certain requests and ask us:
(a)
What personal information we have about you. If you make this request, we will return to you:
(i) The categories of personal information we have collected about you.
(ii) The categories of sources from which we collect your personal information.
(iii) The business or commercial purpose for collecting or selling your personal information.
(iv) The categories of third parties with whom we share personal information.
(v) The specific pieces of personal information we have collected about you.
(vi) A list of categories of personal information that we have sold, along with the category of
any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
(vii) A list of categories of personal information that we have disclosed for a business purpose, along
with the category of any other company we shared it with.
Please note, you are entitled to ask us to
provide you with this information up to two times in a rolling twelve-month period. When you make this request,
the information provided may be limited to the personal information we collected about you in the previous
12 months.
(b) To delete your personal information. If you make this
request, we will delete the personal information we hold about you as of the date of your request from our
records and direct any service providers to do the same. In some cases, deletion may be accomplished through
de-identification of the information. If you choose to delete your personal information, you may not be able to
use certain functions that require your personal information to operate.
(c) To stop selling your personal information. We don't
sell or rent your personal information to any third parties for any purpose. You are the only owner of your
Personal Data and can request disclosure or deletion at any time.
Please note, if you ask us to delete
or stop selling your data, it may impact your experience with us, and you may not be able to participate in
certain programs or membership services which require the usage of your personal information to function. But in
no circumstances, we will discriminate against you for exercising your rights.
To exercise your
California data protection rights described above, please send your request(s) by one of the following means:
By email: support@gmailexporter.com
By visiting this page on our
website:https://www.gmailexporter.com/#contact
Your data protection rights, described above, are covered
by the CCPA, short for theCalifornia Consumer Privacy Act. To find out more, visit the officialCalifornia
Legislative Information website. The CCPA took effect on 01/01/2020.
13. Service Providers
We may employ third party companies and individuals to facilitate our Service
(“ServiceProviders”), provide Service on our behalf, perform Service-related services or assist
us in analysing how our Service is used. These third parties have access to yourPersonal Data only to perform
these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
14.
Analytics
We may use third-party Service Providers to monitor and analyze the use of
our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service.
This data is shared with other Google services. Google may use the collected data to contextualise and
personalise the ads of its own advertising network.
For more information on the privacy practices of
Google, please visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=en
We also
encourage you to review theGoogle's policy for safeguarding your
data:https://support.google.com/analytics/answer/6004245.
Segment.io
Segment.io is a web traffic analysis tool. You can read the Privacy Policy for Segment.io
here: https://segment.com/legal/privacy/.
Mixpanel
Mixpanel is provided by Mixpanel
Inc.
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To
opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information
on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel:
https://mixpanel.com/terms/
PostHog
Posthog is provided by Posthog, Inc.
You can
read the Privacy Policy for Posthog here: https://posthog.com/privacy.
15. CI/CDtools
We may use third-party Service Providers to automate the development process of our Service.
GitHub
GitHub is provided by GitHub, Inc.
GitHub is a development platform to
host and review code, manage projects, and build software.
For more information on what data GitHub
collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy
page: https://help.github.com/en/articles/github-privacy-statement.
16.
Payments We may provide paid products and/or services within Service. In that case, we use
third-party services for payment processing (e.g. payment processors).
We will not store or collect your
payment card details. That information is provided directly to our third-party payment processors whose use of
your personal information is governed by their Privacy Policy. These payment processors adhere to the standards
set by PCI-DSS as managed by the PCI Security StandardsCouncil, which is a joint effort of brands like Visa,
Mastercard, AmericanExpress and Discover. PCI-DSS requirements help ensure the secure handling of payment
information.
The payment processors we work with are:
PayPal or Braintree:
Their Privacy
Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Stripe:
Their
Privacy Policy can be viewed at:https://stripe.com/us/privacy
17. Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a
third party link, you will be directed to that third party's site. We strongly advise you to review the
PrivacyPolicy of every site you visit.
We have no control over and assume no responsibility for the
content, privacy policies or practices of any third party sites or services.
18. Children's Privacy
Our Services are not intended for use by children
under the age of 13 (“Children”).
We do not knowingly collect personally
identifiable information from Children under 13. If you become aware that a Child has provided us with Personal
Data, please contact us. If we become aware that we have collected Personal Data from Children without
verification of parental consent, we take steps to remove that information from our servers.
19.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We
will notify you of any changes by posting the new PrivacyPolicy on this page.
We will let you know via
email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective
date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for
any changes. Changes to this Privacy Policy are effective when they are posted on this page.
20.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: support@gmailexporter.com
Here's more information below:
PrivacyPolicy At Gmail Exporter, we take your privacy seriously. Please readthis Privacy Policy to learn how we treat your personal data. By using or accessing our Services in anymanner, you acknowledge that you accept the practices and policies outlinedbelow, and you hereby consent that we will collect, use and share yourinformation as described in this Privacy Policy. Remember thatyour use of Gmail Exporter'S Services is at all times subject to our Termsof Use<INSERT LINK>, which incorporates this Privacy Policy. Any termswe use in this Policy without defining them have the definitions given to themin the Terms of Use. You may printa copy of this Privacy Policy by clicking here. If you have a disability,you may access this Privacy Policy in an alternative format by contactingsupport@gmailexporter.com.Privacy Policy Table of ContentsWhat this Privacy Policy CoversPersonal Data- Categoriesof Personal Data We Collect- Categoriesof Sources of Personal Data- OurCommercial or Business Purposes for Collecting Personal DataHow We Share Your Personal DataTracking Tools and Opt-OutData Security and RetentionPersonal Data of ChildrenOther StateLaw Privacy RightsChanges tothis Privacy PolicyContact InformationWhat this Privacy Policy CoversThis PrivacyPolicy covers how we treat Personal Data that we gather when you access or useour Services. “Personal Data” means any information that identifies or relatesto a particular individual and also includes information referred to as“personally identifiable information” or “personal information” underapplicable data privacy laws, rules or regulations. This Privacy Policy doesnot cover the practices of companies we don’t own or control or people we don’tmanage.Personal DataCategories ofPersonal Data We CollectThis chart details the categories of Personal Data that wecollect and have collected over the past 12 months:Category of Personal Data Examples of Personal Data We CollectCategories of Third Parties With Whom We Share this Personal Data: Profile or Contact Data· First and last name· Email· Unique identifiers such as passwords · Service Providers· Analytics Partners· Parties You Authorize, Access or AuthenticatePayment Data· Payment card type· Payment card number· Billing address, phone number, and email· Service Providers (specifically our payment processing partner, currently Stripe, Inc.)Commercial Data· Consumer profiles· Data from sites you visit when the extension is enabled· Service Providers· Analytics Partners· Parties You Authorize, Access or AuthenticateDevice/IP Data· IP address· Device ID· Type of device/operating system/browser used to access the Services· Service Providers· Analytics Partners Web Analytics· Web page interactions· Referring webpage/source through which you accessed the Services· Non-identifiable request IDs· Statistics associated with the interaction between device or browser and the Services· Service Providers· Analytics Partners Social Network Data· Email· IP address · Analytics Partners Geolocation Data· IP-address-based location information· GPS data· Service Providers· Analytics Partners· Parties You Authorize, Access or AuthenticateOther Identifying Information that You Voluntarily Choose to Provide· Identifying information in emails or letters you send us· Service Providers· Analytics Partners· Parties You Authorize, Access or Authenticate[Other]· Information user types across websites that they use with the Services· Service Providers· Analytics Partners· Parties You Authorize, Access or Authenticate Categories of Sourcesof Personal DataWe collect Personal Data about you from the followingcategories of sources:· Youo Whenyou provide such information directly to us.§ Whenyou create an account or use our interactive tools and Services.§ Whenyou voluntarily provide information in free-form text boxes through theServices or through responses to surveys or questionnaires.§ Whenyou send us an email or otherwise contact us. o Whenyou use the Services and such information is collected automatically.§ ThroughCookies (defined in the “Tracking Tools and Opt-Out” section below).§ Ifyou use a location-enabled browser, we may receive information about yourlocation.§ Ifyou download and install certain applications and software we make available,we may receive and collect information transmitted from your computing devicefor the purpose of providing you the relevant Services, such as informationregarding when you are logged on and available to receive updates or alertnotices.· ThirdPartieso Vendors§ Wemay use analytics providers to analyze how you interact and engage with theServices, or third parties may help us provide you with customer support.o AdvertisingPartners§ Wereceive information about you from some of our vendors who assist us withmarketing or promotional services related to how you interact with ourwebsites, applications, products, Services, advertisements or communications. Our Commercial orBusiness Purposes for Collecting Personal Data· Providing,Customizing and Improving the Serviceso Creatingand managing your account or other user profiles.o Processingorders or other transactions; billing.o Providingyou with the products, services or information you request.o Meetingor fulfilling the reason you provided the information to us.o Providingsupport and assistance for the Services.o Improvingthe Services, including testing, research, internal analytics and productdevelopment.o Personalizingthe Services, website content and communications based on your preferences.o Doingfraud protection, security and debugging.o Carryingout other business purposes stated when collecting your Personal Data or asotherwise set forth in applicable data privacy laws, such as the CaliforniaConsumer Privacy Act (the “CCPA”).· Marketingthe Serviceso Marketingand selling the Services.· Correspondingwith Youo Respondingto correspondence that we receive from you, contacting you when necessary orrequested, and sending you information about Gmail Exporter or the Services.o Sendingemails and other communications according to your preferences or that displaycontent that we think will interest you.· MeetingLegal Requirements and Enforcing Legal Termso Fulfillingour legal obligations under applicable law, regulation, court order or otherlegal process, such as preventing, detecting and investigating securityincidents and potentially illegal or prohibited activities.o Protectingthe rights, property or safety of you, Gmail Exporter or another party.o Enforcingany agreements with you.o Respondingto claims that any posting or other content violates third-party rights.o Resolvingdisputes. We will not collect additional categories of Personal Dataor use the Personal Data we collected for materially different, unrelated orincompatible purposes without providing you notice. How We Share Your PersonalData Wedisclose your Personal Data to the categories of service providers and otherparties listed in this section. Depending on state laws that may be applicableto you, some of these disclosures may constitute a “sale” of your PersonalData. For more information, please refer to the state-specific sections below. Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include: Hosting, technology and communication providers. Payment processors. Our payment processing partner Stripe, Inc. (“Stripe”) collects your voluntarily-provided payment card information necessary to process your payment. Please see Stripe’s terms of service and privacy policy for information on its use and storage of your Personal Data. Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include: Companies that track how users found or were referred to the Services. Companies that track how users interact with the Services. Parties You Authorize, Access or Authenticate Third parties you access through the services. Other users. Legal Obligations We may share any Personal Data that we collectwith third parties in conjunction with any of the activities set forth under“Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercialor Business Purposes for Collecting Personal Data” section above. BusinessTransfers All ofyour Personal Data that we collect may be transferred to a third party if weundergo a merger, acquisition, bankruptcy or other transaction in which thatthird party assumes control of our business (in whole or in part). Should oneof these events occur, we will make reasonable efforts to notify you beforeyour information becomes subject to different privacy and security policies andpractices. Data that is Not Personal Data We may create aggregated, de-identified or anonymized datafrom the Personal Data we collect, including by removing information that makesthe data personally identifiable to a particular user. We may use suchaggregated, de-identified or anonymized data and share it with third partiesfor our lawful business purposes, including to analyze, build and improve theServices and promote our business, provided that we will not share such data ina manner that could identify you. Tracking Tools and Opt-Out TheServices use cookies and similar technologies such as pixel tags, web beacons,clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers torecognize your web browser, tell us how and when you visit and use ourServices, analyze trends, learn about our user base and operate and improve ourServices. Cookies are small pieces of data– usually text files – placed on yourcomputer, tablet, phone or similar device when you use that device to accessour Services. We may also supplement the information we collect from you withinformation received from third parties, including third parties that haveplaced their own Cookies on your device(s). Please note that because of our useof Cookies, the Services do not support “Do Not Track” requests sent from abrowser at this time.Weuse the following types of Cookies:· Essential Cookies.Essential Cookies are required for providing you with features or services thatyou have requested. For example, certain Cookies enable you to log into secureareas of our Services. Disabling these Cookies may make certain features andservices unavailable.· Functional Cookies.Functional Cookies are used to record your choices and settings regarding ourServices, maintain your preferences over time and recognize you when you returnto our Services. These Cookies help us to personalize our content for you,greet you by name and remember your preferences (for example, your choice oflanguage or region).· Performance/Analytical Cookies.Performance/Analytical Cookies allow us to understand how visitors use ourServices. They do this by collecting information about the number of visitorsto the Services, what pages visitors view on our Services and how long visitorsare viewing pages on the Services. Performance/Analytical Cookies also help usmeasure the performance of our advertising campaigns in order to help usimprove our campaigns and the Services’ content for those who engage with ouradvertising. For example, Google Inc. (“Google”) uses cookies in connectionwith its Google Analytics services. Google’s ability to use and shareinformation collected by Google Analytics about your visits to the Services issubject to the Google Analytics Terms of Use and the Google Privacy Policy. Youhave the option to opt-out of Google’s use of Cookies by visiting the Googleadvertising opt-out page at www.google.com/privacy_ads.html or the GoogleAnalytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/. Wealso use Mixpanel, Inc. and Segment.io, Inc. to track how users use ourwebsite and the Chrome extension. Youcan decide whether or not to accept Cookies through your internet browser’ssettings. Most browsers have an option for turning off the Cookie feature,which will prevent your browser from accepting new Cookies, as well as(depending on the sophistication of your browser software) allow you to decideon acceptance of each new Cookie in a variety of ways. You can also delete allCookies that are already on your device. If you do this, however, you may haveto manually adjust some preferences every time you visit our website and someof the Services and functionalities may not work. Toexplore what Cookie settings are available to you, look in the “preferences” or“options” section of your browser’s menu. To find out more information aboutCookies, including information about how to manage and delete Cookies, pleasevisit http://www.allaboutcookies.org/. Data Security and RetentionWe seek to protect your Personal Data from unauthorized access, use and disclosureusing appropriate physical,technical, organizational and administrative security measures based onthe type of Personal Data and how we are processing that data. You should alsohelp protect your data by appropriately selecting and protecting your passwordand/or other sign-on mechanism; limiting access to your computer or device andbrowser; and signing off after you have finished accessing your account.Although wework to protect the security of your account and other data that we hold in ourrecords, please be aware that no method of transmitting data over the internetor storing data is completely secure.Weretain Personal Data about you for as long as you have an open account with usor as otherwise necessary to provide you with our Services. In some cases weretain Personal Data for longer, if doing so is necessary to comply with our legal obligations,resolve disputes or collect fees owed, or is otherwise permitted or required byapplicable law, rule or regulation. We may further retain information inan anonymous or aggregated form where that information would not identify youpersonally.Personal Data ofChildrenAs noted inthe Terms of Use, we do not knowingly collect or solicit Personal Data aboutchildren under 13 years of age; if you are a child under the ageof 13, please do not attempt to register for or otherwise use the Services orsend us any Personal Data. If we learn we have collected Personal Data from achild under 13 years of age, we will delete that information as quickly aspossible. If you believe that a child under 13 years of age may have providedPersonal Data to us, please contact us at support@gmailexporter.com.State Law Privacy RightsCalifornia Resident RightsUnderCalifornia Civil Code Sections 1798.83-1798.84, California residents areentitled to contact us to prevent disclosure of Personal Data to third partiesfor such third parties’ direct marketing purposes; in order to submit such arequest, please contact us at support@gmailexporter.com. Nevada Resident RightsIfyou are a resident of Nevada, you have the right to opt-out of the sale ofcertain Personal Data to third parties who intend to license or sell thatPersonal Data. You can exercise this right by contacting us atsupport@gmailexporter.com with the subject line “Nevada Do Not Sell Request” andproviding us with your name and the email address associated with your account.Please note that we do not currently sell your Personal Data as sales aredefined in Nevada Revised Statutes Chapter 603A.Changes to thisPrivacy PolicyWe’re constantly trying to improve our Services, so we mayneed to change this Privacy Policy from time to time, but we will alert you toany such changes by placing a notice on the Gmail Exporter website, by sending youan email and/or by some other means. Please note that if you’ve opted not toreceive legal notice emails from us (or you haven’t provided us with your emailaddress), those legal notices will still govern your use of the Services, andyou are still responsible for reading and understanding them. If you use theServices after any changes to the Privacy Policy have been posted, that meansyou agree to all of the changes. Use of information we collect is subject tothe Privacy Policy in effect at the time such information is collected.Contact Information:If you haveany questions or comments about this Privacy Policy, the ways in which wecollect and use your Personal Data or your choices and rights regarding suchcollection and use, please do not hesitate to contact us at: +1 415-906-3991 https://www.gmailexporter.com/ support@gmailexporter.com 2261 Market St #4218, San Francisco, CA 94114
Welcome to Gmail Exporter. Please read onto learn the rules and
restrictions that govern your use of our website(s), products, services and applications (the “Services”). If
you have any questions, comments, or concerns regarding these terms or the Services, please contact us
at:
Email: support@gmailexporter.com
These Terms of Use (the “Terms”) are a binding contract
between you and gmailexporter.com, INC. (“Gmail Exporter,” “we” and “us”). Your use of the
Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you
use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may
also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated
herein by reference, and you understand and agree that by using or participating in any such Services, you
agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover
important information aboutServices provided to you and any charges, taxes, and fees we bill you. These Terms
include information about future changes to these Terms, automatic renewals, limitations of liability, a class
action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT
YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE
FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER:
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW,
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAW SUITOR CLASS-WIDE ARBITRATION.
👻 Will these Terms ever change?
We are
constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve
the right to change the Terms at any time, but if we do, we will place a notice on our site located at
https://www.gmailexporter.com/, send you an email, and/or notify you by some other means.
If you don’t
agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to
use the Services. If you use the Services in any way after a change to the Terms is effective, that means you
agree to all of the changes.
Except for changes by us as described here, no other amendment or
modification of these Terms will be effective unless in writing and signed by both you and us.
🔒 What about my privacy?
Gmail
Exporter takes the privacy of its users very seriously. For the current Gmail Exporter Privacy Policy, please
click here.
Children’s Online Privacy Protection
Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers
obtain parental consent before they knowingly collect personally identifiable information online from children
who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from
children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for
or otherwise use the Services or send us any personal information. If we learn we have collected personal
information from a child under 13 years of age, we will delete that information as quickly as possible. If you
believe that a child under 13 years of age may have provided us personal information, please contact us at
support@gmailexporter.com.
✋ What are the basics of using Gmail
Exporter?
You may be required to sign up for an account, select a password and user
name (“Gmail Exporter User ID”), and provide us with certain information or data, such as your contact
information. You promise to provide us with accurate, complete, and updated registration information about
yourself. You may not select as your Gmail Exporter User ID a name that you do not have the right to use, or
another person’s name with the intent to impersonate that person. You may not transfer your account to anyone
else without our prior written permission.
Additionally, you may be able to access certain parts or
features of the Services by using your account credentials from other services (each, a “Third Party Account”),
such as those offered by Google. By using the Services through a Third Party Account, you permit us to access
certain information from such account for use by the Services. You are ultimately in control of how much
information is accessible to us and may exercise such control by adjusting your privacy settings on your Third
Party Account.
You represent and warrant that you are an individual of legal age to form a binding
contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten
your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your
own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only
in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by
applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your
using the Services in a way that breaks the law.
You will not share your Gmail Exporter UserID, account
or password with anyone, and you must protect the security of your Gmail Exporter User ID, account, password and
any other access tools or credentials. You’re responsible for any activity associated with your Gmail Exporter
User ID and account.
💬 What about
messaging?
As part of the Services, you may receive communications through
the Services, including messages that Gmail Exporter sends you (for example, via email). When signing up for the
Services, you will receive a welcome message and instructions on how to stop receiving messages.
⏸️ Are there restrictions in how I can use the
Services?
You represent, warrant, and agree that you will not provide or
contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or
interact with theServices, in a manner that:
(a) infringes or violates the intellectual
property rights or any other rights of anyone else (including Gmail Exporter);
(b) violates
any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any
other purpose not reasonably intended by Gmail Exporter;
(c) is dangerous, harmful,
fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
objectionable;
(d) jeopardizes the security of your Gmail Exporter User ID, account or anyone
else’s (such as allowing someone else to log in to the Services as you);
(e) attempts, in any
manner, to obtain the password, account, or other security information from any other
user;
(f) violates the security of any computer network, or cracks any passwords or
security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or“spam” on
the Services, or any processes that run or are activated while you are not logged into the Services, or that
otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the
Services’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of
or relating to the Services or Content (through use of manual or automated
means);
(i) copies or stores any significant portion of the Content;
or
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source
code or underlying ideas or information of or relating to the Services.
A violation of any of
the foregoing is grounds for termination of your right to use or access the Services.
📜 What are my rights in the
Services?
The materials displayed or performed or available on or through
the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and
so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property
laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in
any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for
any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in
a way that violates someone else’s (including Gmail Exporter'S) rights.
Subject to these Terms, we grant
each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use
(i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction,
modification, distribution or storage of any Content for any purpose other than using the Services is expressly
prohibited without prior written permission from us. You understand that Gmail Exporter owns the Services. You
won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided
in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may
allow you to copy or download certain Content, but please remember that even where these functionalities exist,
all the restrictions in this section still apply.
👮 Who is responsible for what I see and do on
the Services?
Any information or Content publicly posted or privately
transmitted through the Services is the sole responsibility of the person from whom such Content originated, and
you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions
in that information or Content or for any damages or loss you might suffer in connection with it. We cannot
control and have no duty to take any action regarding how you may interpret and use the Content or what actions
you may take as a result of having been exposed to the Content, and you hereby release us from all liability for
you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users
with whom you interact in using the Services and are not responsible for which users gain access to the
Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you
represent and warrant you have all rights necessary to do so, in the manner in which you contribute
it.
The Services may contain links or connections to third-party websites or services that are not owned
or controlled by Gmail Exporter. When you access third-party websites or use third-party services, you accept
that there are risks in doing so, and that Gmail Exporter is not responsible for such risks.
Gmail
Exporter has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third-party websites or by any third party that you interact with
through the Services. In addition, Gmail Exporter will not and cannot monitor, verify, censor or edit the
content of any third-party site or service. We encourage you to be aware when you leave the Services and to read
the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By
using the Services, you release and hold us harmless from any and all liability arising from your use of any
third-party website or service.
Your interactions with organizations and/or individuals found on or
through the Services, including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties. You agree that Gmail Exporter shall not
be responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings.
If there is a dispute between participants on this site or Services, or between users and any
third party, you agree that Gmail Exporter is under no obligation to become involved. In the event that you have
a dispute with one or more other users, you release Gmail Exporter, its directors, officers, employees, agents,
and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our
Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any
jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the time of executing the release and
that, if known by him or her, would have materially affected his or her settlement with the debtor or released
party.”
✏️ Will Gmail Exporter ever change the
Services?
We’re always trying to improve our Services, so they may
change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or
impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you
notice when we make a material change to the Services that would adversely affect you, but this isn’t always
practical. We reserve the right to remove any Content from the Services at any time, for any reason (including,
but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole
discretion, and without notice.
💵 Do the Services cost
anything?
The Services may be free or we may charge a fee for using the
Services. If you are using a free version of the Services, we will notify you before any Services you are then
using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees
for such Services.
a.
Paid Services.
Certain of our Services may be subject to payments now or in the future.
Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are
deemed part of these
Terms.
b. Billing.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account
linked to your account on theServices (your “Billing Account”) for use of the Paid Services. The processing of
payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to
these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service
at https://stripe.com/legal/ssa and their Privacy
Policy at https://stripe.com/us/privacy. We are not responsible for
any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree
to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid
Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor,
to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected
Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if
it has already requested or received
payment.
c. Payment
Method.
The terms of your payment will be based on your Payment Method and may be determined by
agreements between you and the financial institution, credit card issuer or other provider of your chosen
Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all
amounts due on your Billing Account upon
demand.
d. Recurring
Billing.
Some of the Paid Services may consist of an initial period, for which there is a
one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan,
you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility
for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER
AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE
TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES
SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO
ACCOUNT
SETTINGS.
e. Current
Information Required.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR
BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND
ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF
YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME
OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT
SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING
YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET
FORTH
ABOVE.
f. Change
in Amount Authorized.
If the amount to be charged to your Billing Account varies from the amount
you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the
right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the
scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of
your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate
charges during or at the end of each billing cycle.
g. Auto-Renewal
for Paid Services
Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be
automatically extended for successive renewal periods of the same duration as the subscription term originally
selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may
use your subscription until the end of your then-current term, and your subscription will not be renewed after
your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the
subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on
a recurring monthly basis, you must cancel the applicable Paid Service through your account settings or terminate your Gmail Exporter account before
the end of the recurring TERM. Paid Services cannot be terminated before the end of the period for which you
have already paid, and except as expressly provided in these terms, Gmail Exporter will not refund any fees that
you have already
paid.
h. Reaffirmation of
Authorization.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized
to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be
responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may
be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the
Paid
Service.
i. Free
Trials and Other Promotions.
Any free trial or other promotion that provides access to a Paid Service
must be used within the specified time of the trial. You must stop using a Paid Service before the end of the
trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial
period and are inadvertently charged for a Paid Service, please contact us at support@gmailexporter.com.
⏹️ What if I want to stop using the Services?
You’re free to do that at any time by contacting us at
support@gmailexporter.com; please refer to our Privacy Policy, as well as the
licenses above, to understand how we treat information you provide to us after you have stopped using our
Services.
Gmail Exporter is also free to terminate (or suspend access to) your use of the Services or
your account for any reason in our discretion, including your breach of these Terms. Gmail Exporter has the sole
right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account
termination may result in destruction of any Content associated with your account, so keep that in mind before
you decide to terminate your account.
If you have deleted your account by mistake, contact us
immediately at support@gmailexporter.com – we will try to help, but unfortunately, we can’t promise that we can
recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms
shall survive termination. By way of example, all of the following will survive termination: any obligation you
have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual
property rights, and terms regarding disputes between us, including without limitation the arbitration
agreement.
🔈 Can I refer other
users?
From time to time Gmail Exporter may offer rewards or incentives
for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer individuals or entities who are
neither current customers of Gmail Exporter nor registered users of the Services (“Referee”). A registered user
is a person or entity that already has an existing account with Gmail Exporter. There is no limit to the number
of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive
through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for
each Referee sent by the Referrer that completes the required action described in that specific offer (such as
signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and
multiple referrals to the same individual or entity will be disregarded. Gmail Exporter reserves the right to
modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at
Gmail Exporter'S discretion for any reason or for no reason whatsoever. If Gmail Exporter determines that
Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such
special offer, Gmail Exporter reserves the right to (a) revoke any rewards or incentives issued to either
Referrer or Referee and/or (b) charge theReferrer or Referee for any rewards or incentives (1) used by Referrer
orReferee prior to such revocation or (2) issued by Gmail Exporter to any ineligibleReferrer or Referee. All
special offers are subject to any other terms, conditions and restrictions set forth on the Services or
presented in connection with the special offer.
🧠 What else do I need to
know?
Warranty Disclaimer:
Gmail Exporter
and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their
respective officers, directors, members, employees, consultants, contract employees, representatives and agents,
and each of their respective successors and assigns (Gmail Exporter and all such parties together, the “Gmail
Exporter Parties”) make no representations or warranties concerning the Services, including without limitation
regarding any Content contained in or accessed through the Services, and the Gmail Exporter Parties will not be
responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or
accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities
arising out of use of, or in any way related to your participation in, the Services. The Gmail Exporter Parties
make no representations or warranties regarding suggestions or recommendations of services or products offered
or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY Gmail Exporter
(AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE) SHALL ANY OF THE Gmail Exporter PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF
THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO Gmail Exporter
IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY
MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity.
You agree to indemnify and hold the Gmail Exporter Parties harmless from
and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including
attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services
(including any actions taken by a third party using your account), and (b) your violation of these Terms. In the
event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact
information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce
your indemnification obligations hereunder).
Assignment.
You may not assign,
delegate or transfer these Terms or your rights or obligations here under, or your Services account, in any way
(by operation of law or otherwise) without Gmail Exporter'S prior written consent. We may transfer, assign, or
delegate these Terms and our rights and obligations without consent.
Choice of
Law.
These Terms are governed by and will be construed under the Federal Arbitration Act,
applicable federal law, and the laws of the State of California, without regard to the conflicts of laws
provisions thereof.
Arbitration Agreement:
Please read the following ARBITRATION AGREEMENT carefully because
it requires you to arbitrate certain disputes and claims with Gmail Exporter and limits the manner in which
you can seek relief from Gmail Exporter. Both you and Gmail Exporter acknowledge and agree that for the
purposes of any dispute arising out of or relating to the subject matter of these Terms, Gmail Exporter'S
officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of
these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed
to have accepted the right) to enforce these Terms against you as the third-party beneficiary
hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The
parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or
relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a
precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall
be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in
the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”)
then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property
and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS
arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered
in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules
will govern payment of all arbitration fees.
(c)
Small Claims Court; Infringement. Either you or Gmail Exporter may assert claims, if they qualify, in
small claims court in San Francisco County, California or any United States county where you live or work.
Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right
to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to
prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents or other intellectual property rights.
(d)
Waiver of Jury Trial. YOU AND Gmail Exporter WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO
COURT AND HAVE A TRIAL IN FRONT OFA JUDGE OR JURY. You and Gmail Exporter are instead choosing to have claims
and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and
less costly than rules applicable in court and are subject to very limited review by a court. In any
litigation between you and Gmail Exporter over whether to vacate or enforce an arbitration award, YOU AND
Gmail Exporter WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a
judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT
ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated
actions is deemed invalid or unenforceable, neither you nor Gmail Exporter is entitled to arbitration; instead
all claims and disputes will be resolved in a court as set forth in (g) below.
(f)
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of
your decision to opt out to the following address: 2261 Market St #4218, San Francisco, CA 94114 postmarked
within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address,
(ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that
you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive
Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing
arbitration agreement permits either you or Gmail Exporter to litigate any dispute arising out of or relating
to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to
either party, and both you and Gmail Exporter agree that any judicial proceeding (other than small claims
actions) will be brought in the state or federal courts located in, respectively, San Francisco County,
California, or the federal district in which that county falls.
(h)
Severability. If the prohibition against class actions and other claims brought on behalf of third
parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration
Agreement section will be null and void. This arbitration agreement will survive the termination of your
relationship with Gmail Exporter.
Miscellaneous.
You will be responsible for paying, withholding,
filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in
connection with the Services, provided that the Gmail Exporter may, in its sole discretion, do any of the
foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any
way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these
Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum
extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and
Gmail Exporter agree that these Terms are the complete and exclusive statement of the mutual understanding
between you and Gmail Exporter, and that these Terms supersede and cancel all previous written and oral
agreements, communications and other understandings relating to the subject matter of these Terms. You hereby
acknowledge and agree that you are not an employee, agent, partner, or joint venture of Gmail Exporter, and
you do not have any authority of any kind to bind Gmail Exporter in any respect whatsoever.
Except as
expressly set forth in the section above regarding the arbitration agreement, you and gmailExporter agree there
are no third-party beneficiaries intended under these Terms.