Scamnetic™ Terms of Service

BY ACCEPTING THIS AGREEMENT, BY (1) CLICKING A BOX INDICATING ACCEPTANCE, (2) EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR (3) ACCESSING OR USING OUR WEBSITE, MOBILE APPLICATION, SOFTWARE DEVELOPMENT KIT OR OTHER PRODUCTS OR SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR SERVICES.

These Terms of Service (“Terms”) apply to your access to, and use of, our scam verification services, website, mobile application, software development kit, and other products and services that have linked to these Terms (collectively, the “Services”) offered by Scamnetic Inc. (“Scamnetic™,” “we,” “our,” or “us”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE REVIEW CAREFULLY.

Scamnetic™ reserves the right to change or modify these Terms at any time and in our sole discretion. If Scamnetic™ makes changes to these Terms, we will provide notice of such changes, such as by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.

1. Definitions

“Agreement” means these Terms of Service.

“Customer” means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates) which have entered into Order Forms.

“Customer Data” means electronic data and information submitted by or for Customer to the Services.

“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.

“Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and Scamnetic™, whether by subscription or otherwise.

“Services” means the software solutions and services developed by Scamnetic™ in the field of scam detection and prevention and risk mitigation, covering but not limited to (1) validation of communications (“Scan & Score”), (2) verification of identities (“ID Everyone”), (3) educational materials, and (4) intervention and resolution provided to Customers or Users during a scam or after a scam has occurred.

“User” means, in the case of an individual accepting these terms on his or her own behalf, such individual, or, in the case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by Customer to use a Service, for whom Customer has purchased a subscription (or in the case of any Services provided by Scamnetic™), and to whom Customer (or, when applicable, Scamnetic™ at Customer’s request) has supplied a user identification and password (for Services utilizing authentication). Users may include, for example, employees, consultants, contractors, and agents of Customer, and third parties with which Customer transacts business and interacts.

2. Services and Delivery

Scamnetic™ develops software solutions and services in the field of scam detection and prevention and risk mitigation, as described above in the definition for Services.

You may use the Scamnetic™ Services as a Customer or as a User. These Terms apply to both Customers and Users, though there may be provisions that are inapplicable to the different entities depending on the use case. For example, the provision below regarding use of application programming interfaces applies to Customers, not Users.

Scamnetic™ provides the Services to business Customers via application programming interfaces (“APIs”) by issuing unique API keys to each business Customer. You may only use the API if you are a business Customer so that you can offer the Scamnetic™ Services directly through your platform. You agree not to share your API key with any third party. You further agree that you are solely responsible for all actions attributed to your API Key and the subsequent use of the Services. You agree not to, and not to permit a third party to: (i) sublicense, distribute, re-transmit, loan, lease, sell or otherwise make available the API or the data provided by the API; (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the API; and (iii) you will not use or abuse the API or the data in any malicious way. This behavior will cover but is not limited to: performing a distributed denial of Service assault on the API or the Server, sharing their security information with unauthorized third parties, trying to gain unauthorized access to the Server or the data or sending corrupted, incomplete or poor quality data with the intention to influence the Services.

You may store data returned by the API for future use as long as you maintain an active Scamnetic™ account; an account is “active” if an API usage of an undisputed invoice of that account was paid in the last 60 days or if there is an active prepaid key in the account.

Scamnetic™ is constantly innovating in order to provide the best possible service. Scamnetic™ reserves the right to make changes to its algorithm in a way that will not interrupt the basic format in which the data is provided so that no new integration work will be required by the Customer.

Scmanetic™ will not be responsible or liable for any unavailability of the Services caused by circumstances beyond Scamnetic™’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Scamnetic™ employees), Internet service provider failure or delay, data aggregator failure, delay, or termination, or denial of service attack.

3. Use of the Services

Any unauthorized use of the Services, including without limitation for any fraudulent, commercial or competitive purpose, is strictly prohibited and may result in suspension or termination of your agreement with us and/or legal action. In addition, you must NOT:

i. falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;

ii. falsely claim that you are associated with another person or entity;

iii. modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Services, including, without Scamnetic™’s written consent;

iv. use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to service, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;

v. disguise the origin of information transmitted to, from, or through the application, SDK or website or provided for the purpose of the Services;

vi. circumvent any measures implemented by Scamnetic™ aimed at preventing violations of the Terms of Service.

In addition to violating the Terms of Service, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of Scamnetic™’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

Unless otherwise provided in the applicable Order Form, (a) purchased Services for Customers are purchased as subscriptions for the term stated in the applicable Order Form or in the applicable online purchasing portal, (b) subscriptions for purchased Services may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Scamnetic™ regarding future functionality or features.

4. Our Responsibilities

Scamnetic™ acknowledges and agrees that it is primarily responsible for: (1) the operation of the Services (including the user interface); and (2) implementing reasonable technical and organizational measures designed to protect the security of the foregoing. Scamnetic™ will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of any data you share based on your use of the Services. Those safeguards will include, but will not be limited to, measures designed to help prevent unauthorized access to or disclosure of your data. However, as no transmission of information over the internet is absolutely secure, we cannot guarantee the safety of your information.

Scamnetic™ will (a) make the Services available to Customer pursuant to this Agreement, and the applicable Order Forms, (b) provide applicable Scamnetic™ standard support for the Services to Customer at no additional charge, and/or upgraded support, and (c) provide the Services in accordance with laws and government regulations applicable to Scamnetic™’s provision of its Services to its Customers generally (i.e., without regard for Customer’s particular use of the Services), and subject to Customer’s and Users’ use of the Services in accordance with this Agreement, and the applicable Order Form.

5. Your Authorizations and Responsibilities

In the case of any messages (including emails and automated text messages) that you may send through Scamnetic™ or that Scamnetic™ may send on your behalf to an email address or mobile phone number that you provide to us, you represent to Scamnetic™ that you have obtained consent from the recipient to receive such messages to that email address or phone number. You understand and agree that any messages that Scamnetic™ sends on your behalf may include your name.

You are responsible for ensuring that Scamnetic™ at all times has updated and accurate contact information for the appropriate person for Scamnetic™ to notify regarding data security issues relating to the Services, with such contact information to be updated in each Order Form and any subsequent changes to be provided by email to [email protected] (with “Contact Detail Change” in the subject).

You agree that you are responsible for your own conduct and content while using the Services and for any consequences thereof. Your use of the Services must be in accordance with the Agreement. You agree that for the improvement of Scamnetic™’s Service performance you must comply with Scamnetic™’s requests to send additional data – for example historical data, or missing data for backfill purposes.

You represent and warrant that your use of the Services do not and will not infringe on the intellectual property rights of any third party and will otherwise comply with all applicable laws. You must take commercially reasonable actions and precautions consistent with the industry standards to prevent the introduction and proliferation of Malicious Code.

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Scamnetic™ controls and operates the Services. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

You acknowledge and accept Scamnetic™’s right to disclose to third parties information you have provided, or information that Scamnetic™ has obtained about you, as further set forth in our Privacy Policy.

6. LIMITATIONS OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCAMNETIC™ BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, SERVICE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHOM DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN RELATION TO ANY CLAIM IN RESPECT OF ANY DEATH OR PERSONAL INJURY. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES.” TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCAMNETIC™ EXCEED $1,000.00.

7. Licenses from You

You grant to Scamnetic™ and its third party providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, content or other materials, provided to Scamnetic™ by you in the course of accessing and/or using the Services. Notwithstanding the foregoing, Scamnetic™’s obligations regarding identification and other information concerning your personal information shall at all times be governed by these Terms of Service and Privacy Policy, together with the terms of any agreement concluded between Scamnetic™ and the company that owns or operates the website or app that you are using.

8. Representations and Warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. Scamnetic™ warrants that it will provide the Services in a manner consistent with its business practices, as Scamnetic™, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the Services is accurate and current and that you have the right to provide such information.

9. DISCLAIMER OF WARRANTIES

AS PERMITTED BY APPLICABLE LAW, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SCAMNETIC™, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, SCAMNETIC™ HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SCAMNETIC™ MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES, MATERIALS ASSOCIATED THEREWITH, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SERVICES OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCAMNETIC™ DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OF THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT SCAMNETIC™ CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INTERCEPTION AND OTHER PROBLEMS INHERENT IN THE SERVICE OF SUCH COMMUNICATIONS FACILITIES. SCAMNETIC™ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

10. INDEMNITIES

YOU WILL DEFEND, INDEMNIFY AND HOLD SCAMNETIC™ HARMLESS AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH A CLAIM BY A THIRD PARTY RELATED TO YOUR USE OF THE SERVICES.

11. Notices

For general changes which do not materially affect the collection or handling of your personal information, Scamnetic™ may give notice by means of a general notice on the Website or through the mobile application. You may give notice to Scamnetic™ at any time by communication sent to [email protected]. All notices shall be deemed to have been given 36 hours after sending by email or posting to the Website. Scamnetic™ may make material change to the Services that materially affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information. In such case, notice may be provided via an email sent to users for whom we have an email address or other appropriate means.  

12. Accounts

If you register with Scamnetic™ or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. Scamnetic™ may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify Scamnetic™ at [email protected] of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

Accounts may only be set up by an authorized representative of the individual that is the subject of the account. Scamnetic™ does not review accounts for authenticity, and is not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, Scamnetic™ shall have the sole right, but is not obligated, to resolve such dispute as Scamnetic™ determines appropriate, without notice.

13. Miscellaneous

Scamnetic™ reserves the right to change these Terms or its policies relating to the Services at any time and from time to time, and such changes will be effective upon being posted herein. If we make material changes to these Terms, we will notify you by means of updating the version of the terms on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. UNLESS OTHERWISE NOTED BY US, YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES ARE POSTED SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Scamnetic™ and you as a result of these Terms or use of the Services. You may not assign these Terms without the prior written approval of Scamnetic™. Any purported assignment in violation of this section shall be void. Scamnetic™ reserves the right to use third party providers in the provision of the Services, and the goods, services and materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Scamnetic™.

14. Intellectual Property Notices

Elements of the Services are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by Scamnetic™. The Scamnetic™ trademarks and/or other Scamnetic™ identifiers referenced herein are trademarks of Scamnetic™ and/or its affiliates.

15. Dispute Resolution; Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO SETS FORTH PROCEDURES FOR FINAL, BINDING, INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION.

THIS SECTION ALSO ADDRESSES THAT YOU AND SCAMNETIC ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. AND, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most consumer concerns can be resolved by reaching out to our team here or by email at [email protected].  In the event our team is unable to resolve a complaint to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

For purposes of this Section, the terms “Scamnetic,” “our,” “we” or “us” includes Scamnetic Inc., and its present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives or employees) related to Scamnetic or its present or future affiliates or subsidiaries.  

Arbitration Agreement.  YOU AND SCAMNETIC AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

You and Scamentic agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and Scamnetic that are related in any way to these Terms, including, but not limited to, your use of the Services or Website, even if the Dispute arises after the termination of your relationship with Scamnetic. “Dispute” also includes, without limitation, claims that: (a) you bring against Scamnetic; (b) Scamnetic brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Scamnetic, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms or out of a prior agreement with Scamnetic (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

A. Mandatory Pre-Arbitration Informal Dispute Resolution. You and Scamnetic agree to engage cooperatively to try to resolve any Dispute informally prior to you or Scamnetic initiating an arbitration proceeding. You or Scamnetic must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a Scamnetic representative (and our attorney if we are represented by legal counsel). 

Your notice to Scamnetic must be sent to [email protected]. Our notice to you must be sent to the most recent contact information that you have provided to us. 

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Scamnetic representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

B. Arbitration Rules and Procedures; Individualized Relief; Fees. To begin an arbitration proceeding, you must send an arbitration demand to the American Arbitration Association (the “AAA”), with a copy to [email protected], or we must send an arbitration demand to the AAA with a copy sent to you at the most current address (or email address) we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Scamnetic representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

The arbitration will be administered by the AAA under its applicable rules, including the AAA’s Consumer Arbitration Rules and Mass Arbitration Supplementary Rules, as applicable (the “AAA Rules”), as modified by this Arbitration Agreement.  The AAA Rules and fee information are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with the AAA Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the AAA Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA Rules as modified by this Arbitration Agreement. Scamnetic will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and Scamnetic reserve the right to request a hearing in any matter from the arbitrator. You and Scamnetic agree that you and a Scamnetic representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location. The arbitration will be conducted by a single arbitrator who will apply these Terms as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and Scamnetic. An award that has been satisfied may not be entered in court.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, 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, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND SCAMNETIC AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

C. Additional Procedures for Mass Filings. You and Scamnetic agree that these procedures (in addition to all others provided in Section) shall also apply if you choose to participate in a “Mass Filing” (defined below).

If 25 or more similar Disputes (including yours) are asserted against Scamnetic by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the AAA Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to the AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

STAGE ONE: Assuming there are at least 25 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall each select 10 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 10 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 20 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Scamnetic shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Scamnetic shall each select 10 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 10 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 20 remaining Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Scamnetic shall again pay the mediator’s fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

D. Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: 28715 Corbara Pl., Wesley Chapel, FL 33543, postmarked within 60 days of the first time you agreed to terms with Scamnetic that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms. By opting out of arbitration, all other provisions in these Terms, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.

E. Severability and Survival. Except as specifically provided in the Arbitration Agreement (g., the Additional Procedures for Mass Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of these Terms.

F. Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: 28715 Corbara Pl., Wesley Chapel, FL 33543, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Scamnetic accordance with this version of the Arbitration Agreement.

Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND SCAMNETIC WAIVE THE RIGHT TO A JURY TRIAL. YOU AND SCAMNETIC ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION.

16. Governing Law

Except as otherwise provided in these Terms, the interpretation of and any dispute concerning these Terms will be governed by Florida law and controlling U.S. Federal law.

16. Legal Contact Information & Support

If you have any questions about these Terms, please contact us using [email protected].