FILE YOUR NEW ADDRESS WITH THE USPS & ALL YOUR COMPANIES AT THE SAME TIME
Effective January 1, 2019
- THESE TERMS CONTAIN A BINDING GOVERNING LAW AND JURISDICTION CLAUSE
- SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweep stakes and contests (collectively, the "Services") operated by Flatirons LLC and its subsidiaries (collectively "Flatirons LLC" "we" "us" or "our"). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the "Agreement." You can quickly learn more about the ChangeYourAddress Services or other terms and conditions by clicking on the links below. We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Flatirons LLC as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
Our site is a private business entity, dedicated to helping people who are moving save time and money! Our Change Your Address™ facilitates change of address requests for our customers with the USPS and all the dozens of companies with whom you do business (banks, credit cards, frequent flyers, utilities etc.). We are not affiliated with the United States Post Office. Upon completing your order, Change Your Address™ automatically files your address change requests with the United States Post Office. We pay all USPS fees associated with your change request! As you add companies to your list, Change Your Address™ automatically sends an address change request to those companies via email. You are copied on all emails!.
Our fee for this service includes your official USPS address change plus an unlimited number of company change requests and optional inclusion in our Moving GenieTM service. Upon completing your order, you authorize ChangeYourAddress to act as your agent for all your address change requests. We will use reasonable best efforts to notify the associated entities of your address change requests. Our service solely relies on the accuracy of the address change information provided by you. We expressly do not guarantee that any of the organizations notified by us will process the change requests we send as your agent. You acknowledge that we are not liable in any way for the failure of any such address change request. Your satisfaction is guaranteed.
We offer a 30 day "No Questions Asked" refund policy. Refunds are super easy; refund information is included in your order confirmation email.
THE SERVICES ARE DIRECTED TO TEENAGERS AND ADULTS AND ARE NOT
DIRECTED TO CHILDREN UNDER THE AGE OF 13. YOU MUST BE 13 YEARS
OF AGE OR OLDER TO USE THE SERVICES. FLATIRONS LLC COMPLIES
WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT AND DOES NOT
PERMIT REGISTRATION BY, AND WILL NOT KNOWINGLY COLLECT
PERSONALLY IDENTIFIABLE INFORMATION FROM, ANYONE UNDER 13. BY
REGISTERING FOR ANY SERVICE, YOU REPRESENT AND WARRANT THAT
YOU ARE 13 YEARS OF AGE OR OLDER. ADDITIONALLY, YOU MUST
PROVIDE TRUE, ACCURATE AND COMPLETE REGISTRATION INFORMATION
TO BECOME A MEMBER OF THE SERVICES ("MEMBER"). CREATING A
MEMBER ACCOUNT IF YOU ARE UNDER THE AGE OF 13, UNDER AUTOMATED
MEANS OR UNDER FALSE OR FRAUDULENT PRETENSES CONSTITUTES
UNAUTHORIZED USE OF THE SERVICES, AND SUCH ACCOUNTS WILL BE
DELETED BY FLATIRONS LLC.
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.
THE CHANGEYOURADDRESS SERVICE IS A PREMIUM SERVICE THAT INCLUDES
THE FOLLOWING SERVICES LISTED AND DESCRIBED BELOW. WE
CURRENTLY SUGGEST A FEE OF $34.95 FOR
ENROLLMENT INTO THIS SERVICE
, HOWEVER WE EMPLOY A "NAME YOUR OWN PRICE" PRICING MODEL THAT
LETS USERS CHOOSE THE PRICE THEY WISH TO PAY FOR THE ADDRESS
GENIE SERVICE. THE CHANGEYOURADDRESS SERVICE IS UNCONDITIONALLY
GUARANTEED. IF YOU DO NOT WISH TO UTILIZE THIS SERVICE, YOU
MAY REQUEST A REFUND AT ANYTIME WITHIN 30 DAYS OF YOUR
REGISTRATION FOR THIS SERVICE. WE CANNOT HONOR REFUND REQUESTS
AFTER THIS 30 DAY PERIOD. THERE ARE NO EXCEPTIONS TO THIS
The services included in the ChangeYourAddress Service currently include:
Email tips and offers
Text message tips offers
Free USPS Change of Address Service with optional junk mail opt out
Cable, satellite, telephone, and cellular offers
Free ByBuy.co and ByBuy app auto registration,
Location triggered tips and offers, and our exclusive
Custom Concierge Offer Service.
Only upon completion of your successful registration and payment, you will receive access to the following ChangeYourAddress services:
- 3. USPS Change of Address Service. We offer a free
change of address service with the USPS upon registration
with the Service. Users can opt for permanent or temporary
moves for themselves, family members or any other individual
moving the same one address. ChangeYourAddress will process
your address change for you and will pay all costs associated
with the processing of your address change for all
individuals who are registered by you at the time of
Important note: This free service is limited to individuals who are all moving to the same new address. We cannot accept change of address requests for individuals who are not included at the time of registration, nor can we edit or alter any request subsequent to the completion of your order. If you wish to edit, alter or delete your address change, you can visit USPS.com for more information.
- 4. Cable, satellite, telephone, and cellular offers. Provided the email tips and offers checkbox remains checked upon completion of your registration, we will arrange for local providers of television, phone and internet service providers to send you private offers based on your moving address location.
- 6. Location triggered tips and offers. Provided the Text Message Tips and Offers remains checked upon completion of your registration AND provided that you download the ByBuy app as described above and accept the location services permission therein, we will provide you with periodic offers triggered by your physical location. The timing and frequency of these emails are solely at our discretion. You may of course unsubscribe from this portion of the Service at any time by following the instructions contained within the Notifications section of the ByBuy app on your smartphone device.
- 7. Custom Concierge Offer Service. Subscribers to the ChangeYourAddress service can take advantage of our free Custom Concierge Offer service at anytime so long as they remain subscribed to our email service. You may request offers from any merchant or for any product or product category by emailing concierge@ChangeYourAddress.online. You must include the words "Custom Offer Request" in the subject line of your email. We will endeavor to find you the most relevant offer possible. WE EXPRESSLY DO NOT GUARANTEE THAT ANY OFFER WILL BE AVAILABLE FROM ANY SPECIFIC MERCHANT OR FOR ANY SPECIFIC PRODUCT OR PRODUCT CATEGORY AT THE TIME OF YOUR REQUEST.We will respond within 24 hours to every request with the best offers we can find that match or relate to your request.
You are responsible for paying any and all charges relating to
the ChangeYourAddress Service, including without limitation, the
Initial Sign Up Fee. You grant to Flatirons LLC third party
payment processor(s) permission to charge your credit card (or
other approved payment mechanism) to pay for all such charges.
The ChangeYourAddress Service fee will be billed upon registration.
You may cancel this service and request a full refund at any
time within ten (10) days subsequent to the registration date
pursuant to the process set forth below.
Payment for the ChangeYourAddress Service must be made by Visa, MasterCard, Discover, American Express or PayPal. If Flatirons LLC does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the ChangeYourAddress Services, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a card holder. YOU, AND NOT FLATIRONS LLC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
FLATIRONS LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY FLATIRONS LLC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE APPLICABLE FLATIRONS LLC SERVICES. FLATIRONS LLC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR IGN CHANGEYOURADDRESS SERVICE SUBSCRIPTION YOUR CONTINUED USE OF THE CHANGEYOURADDRESS SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. FLATIRONS LLC IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION EITHER IN WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT FLATIRONS LLC SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN 60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.
You grant to Flatirons LLC third party payment processor(s) permission to automatically process your Service Fee and charge your credit card upon completion of your registration. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the ChangeYourAddress Services shall automatically transfer to any successors or assigns of the ChangeYourAddress Services for substantially similar services at the same property. You may not assign or transfer your service to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for ChangeYourAddress Services.
Refunds for your Initial Service Fee. You may opt for a refund of your Initial Service Fee, less $5.00, at any time within 30 days of the completion of your registration and payment. We retain $5.00 to cover costs associated with the processing of our address change with the USPS, company notifications, and other administrative expenses. Your right to a refund is unconditional with no questions asked. To process your refund, send an email to email@example.com. You must include the words "Refund Request" in your email. You must also include your phone number, and the first and last name of the person who is moving and subscribing to the Service. This may or may not be the same name of the card holder used to pay for the service. If the card holder name is different, please only include the first and last name of the person(s) who are moving. You may also call at 720.279.8028 directly and leave a voice mail in accordance with instructions therein.
We will process all refund requests within 24-48 hours after receipt. If you leave an email with your request, we will send email confirmation of all your refund details. Please note that your refund can take up to 3 to 5 business days after we process your request, for the funds to be credited to your account.
WE CANNOT HONOR OR PROCESS ANY REFUND REQUESTS RECEIVED AFTER 30 DAYS SUBSEQUENT TO THE COMPLETION OF YOUR ORIGINAL ORDER.
Cancellation of Your Service.
You can cancel any or all of your services by unsubscribing
from any email offer and/or replying "Stop" to any text
message offer. Unsubscribing from an email offer will
automatically remove you from receiving further email offers
but will not unsubscribe you from text message offers.
Replying "Stop" to any text message offer will automatically
terminate the receipt of any future text message orders but
will not unsubscribe you from email offers. To terminate
location based offers and push notifications, you must adjust
the appropriate notification settings from within the ByBuy
app in accordance with that apps instructions.
You acknowledge that Flatirons LLC, in its sole discretion, may terminate your user ID, password, account (or any part thereof) or use of the ChangeYourAddress Services for a variety of reasons, including, without limitation, if Flatirons LLC believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Flatirons LLC may also, in its sole discretion, at any time discontinue providing the ChangeYourAddress Services, or any part thereof, with or without notice. You agree that any termination of your access to the ChangeYourAddress Services under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that Flatirons LLC may immediately deactivate or delete your account and/or bar any further access to the ChangeYourAddress Services. If your account is terminated by Flatirons LLC, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that Flatirons LLC shall not be liable to you or any third-party for termination of your access to the ChangeYourAddress Services. YOU AGREE AND ACKNOWLEDGE THAT FLATIRONS LLC SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST 60 DAYS OF SUCH OCCURRENCE.
You agree to provide and maintain true, accurate, current and
complete information about yourself as prompted by the
ChangeYourAddress Services registration process. You must promptly
inform Flatirons LLC of any of the following: changes in the
expiration date of any credit card used in connection with the
ChangeYourAddress Services; changes in home or billing address; and
apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. You agree
to notify Flatirons LLC immediately upon learning of any
potential breach of your ChangeYourAddress Services account.
Use Restrictions. The material and content on the ChangeYourAddress Services is for the private, enjoyment of ChangeYourAddress Services Members only. Any other use is strictly prohibited. Flatirons LLC spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the ChangeYourAddress Services, without express written permission from Flatirons LLC. You agree that if you do so, Flatirons LLC reserves the right to cancel your subscription to the ChangeYourAddress Services immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
You acknowledge that the Services contain information,
software, articles, reviews, content, photographs, audio and
video clips, graphics, links, logos, trademarks, the "look and
feel" of our websites, applications and software and other
material (collectively, the "Content") that are
protected by copyright, trademark and/or other proprietary
rights of Flatirons LLC or third parties. All Content on the
Services is protected by applicable copyright laws. You agree
to comply with all copyright laws and any copyright notices,
information, or restrictions contained in any Content
available on or accessed through the Services. Users of the
Services may use the Content only for their personal use.
Businesses, may become Members, butare not permitted to use
the Services for any purpose other than as proscribed herein,
including but not limited to collecting usernames and/or email
addresses of Members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing
of, or linking to, the Services or users on the Services.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
You may post on the Services only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the "Material"). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Flatirons LLC and its affiliates, successors, assigns and licensees (collectively, "Licensee") a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the "License"), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee's rights under the License shall not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right).
You may download, copy and make any personal, use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended ("Copyright Act") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
For questions regarding use of Content please email legal@ChangeYourAddress.online.
Flatirons LLC has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:
- Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or frame any portion of any web page that is part of the Service;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship or endorsement of that Material by the Services, Flatirons LLC and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
- Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party or that promotes or encourages illegal activity; or
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited
uses of the Service.
Use of the Services is subject to existing laws and legal process. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
FLATIRONS LLC MAY RECEIVE A COMMISSION, FEE AND/OR OTHER
COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR
LINKED FROM THE SERVICES.
THIS MEANS FLATIRONS LLC MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
Flatirons LLC does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Flatirons LLC.
The Services may contain links to sites on the Internet which are owned and operated by third parties (the "External Site(s)"). You acknowledge that Flatirons LLC is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchants terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
Please note that we may allow certain manufacturers to license, use and/or reprint a Flatirons LLC trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.
You agree to indemnify, defend and hold Flatirons LLC and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"Flatirons LLC Parties") harmless from and against any and all
claims, liability, losses, damages, costs and expenses
(including attorneys' fees) incurred by any Flatirons LLC
Party in connection with:
- Your use of, or connection to, our Services;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity.
Flatirons LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Flatirons LLC defense of such claim.
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Services and the Content are distributed on an "as is, as
available" basis. None of Flatirons LLC, third party vendors
or content providers or their respective agents makes any
warranties of any kind, either express or implied, including,
without limitation, warranties of title or implied warranties
of merchantability or fitness for a particular purpose, with
respect to the Services, any Content or any products or
services sold through the Services. Neither Flatirons LLC nor
any third party content provider warrants that any files
available for downloading through the Services will be free of
viruses or similar contamination or destructive features.
Neither Flatirons LLC nor any third party content provider
warrants that any of the goods or services linked to or
advertised in the Services comply with data protection or
other relevant legislation and Flatirons LLC accepts no
liability whatsoever for any claim arising from such goods or
You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and Flatirons LLC cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that Flatirons LLC is not responsible or liable for any unauthorized access to or alteration of your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another's rights.
FLATIRONS LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. FLATIRONS LLC, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, FLATIRONS LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF FLATIRONS LLC SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FLATIRONS LLC, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
YOU EXPRESSLY AGREE TO WAIVE YOUR RIGHT TO FILE ANY DISPUTE WITH YOUR ISSUING BANK WITH RESPECT TO YOUR PAYMENTS RELATED TO YOUR ORDERING OF THE CHANGEYOURADDRESS SERVICE. YOU RELEASE FLATIRONS LLC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD FLATIRONS LLC HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.IN THE EVENT THAT YOU FILE A DISPUTE WITH YOUR ISSUING BANK WITH RESPECT TO THE CHANGEYOURADDRESS SERVICE OR PAYMENT THEREFOR, WE EXPRESSLY RESERVE ALL RIGHTS AND REMEDIES AVAILABLE TO US UNDER LAW TO RESPOND TO AND REFUTE SUCH DISPUTE. THIS INCLUDES THE RIGHT TO FILE SUIT AGAINST YOU SEEKING RESTITUTION FOR LOST FEES AND OTHER ACTUAL AND PUNITIVE DAMAGES.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Flatirons LLC, third party content providers and their respective agents shall be limited to the greatest extent permitted by applicable law.
We make no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
Flatirons LLC does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
The laws of the State of Colorado will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Boulder County, Colorado, USA, and you and Flatirons LLC consent to personal jurisdiction in those courts.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one(1) month after such claim or cause of action arose or be forever barred.
We may be required by international, state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. Subject to the arbitration provision above and for all purposes of this Agreement, this Agreement shall be construed in accordance with the laws of the State of Colorado, without reference to principles of choice of law. You and Flatirons LLC each irrevocably consent to the personal jurisdiction of the federal or state courts located in Boulder, Colorado, (the "Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non convenience or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney's fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, Flatirons LLC, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.