These Terms of Service along with our Privacy Policy, incorporated herein, constitute an agreement (“Agreement”) by and between InfoAge Government, Inc. (“us”, “we”, “our”, “InfoAge”, or “Company”) and you, a registering customer (“you”, “your”, “user(s)”, “Customer(s)”) of any services, applications, widgets, mobile applications, and software made available by InfoAge Government, Inc.

The Company Services, including all services provided under the name of FeeMaster, are made available to Customer by InfoAge and are subject to the following Terms of Service (the "Terms") and Privacy Policy (“Privacy Policy”). InfoAge may also offer other services under different terms of service.

InfoAge provides Customer with access to an array of database tools, contact management, task management, invoice creation, and report creation services, available both via electronic internet access and mobile access via the InfoAge iOS and Android applications, to manage and enhance internal and external business relationships (“Service(s)”). Customer may connect to the Services using any Internet browser or utilizing the InfoAge iOS or Android mobile applications. Customer is responsible for obtaining access to the Internet and the equipment necessary to use the Services. Customer is responsible for any fees, data charges, or surcharges that may be assessed by Customer’s individual mobile data carrier incurred in connection with Customer’s use of the Services.

InfoAge hereby grants to Customer a nonexclusive, nonassignable, nonsublicensable limited license, for Customer’s use only, for the term of this Agreement, to access and use the Services and any user’s guides, specifications, and other related documentation available online (the “Documentation”), subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon timely payment in full, monthly or annually, for the Services in advance of Customer’s access to, continued use of or receipt of the Services.

InfoAge may update, amend, modify, or supplement the Terms at any time (“Updated Terms”). Updated Terms will be posted on the Company’s website and InfoAge will use reasonable efforts to notify Customer of any Updated Terms. Customer will be provided the option to terminate Customer’s use of the Services if InfoAge updates the Terms in a manner that substantially affect Customer’s rights in connection with use of the Services. Customer’s continued use of the Services after posting of the Updated Terms on the Company’s website will be deemed to be Customer’s agreement to the updated Terms.

In consideration of Customer’s use of the Services, Customer agrees to: (i) provide true, accurate, current and complete information about Customer’s self, including but not limited to contact information, as prompted by the Registration Process (“Registration Data”) to sign up for a user account (the “Account”), which may be either a single user Individual Account or a multi user Team Account; and (ii) maintain and promptly update Customer’s Registration Data to keep it true, accurate, current, and complete. If Customer provides any information that is untrue, inaccurate, outdated, or incomplete, or if InfoAge has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, InfoAge has the right to suspend or terminate Customer’s Account and refuse current or future use of any or all of the Services. Customer may not use another person’s, entity’s, customer’s, subscriber’s, company’s, or organization’s account without the express prior written permission of that party. Customer is solely responsible for maintaining the confidentiality of Customer’s Account and password and for restricting access to Customer’s computer and/or mobile device, and Customer agrees to accept responsibility for all activities that occur under Customer’s Account username or password. If Customer has reason to believe that Customer’s Account is no longer secure, Customer agrees to immediately notify InfoAge. Customer may be liable for the losses incurred by InfoAge or others due to any unauthorized use of Customer’s Account.

Customer is responsible for all activities occurring under Customer’s Account and shall abide by all applicable local, state, national, and foreign laws, treaties and regulations in connection with Customer’s use of the Services, including those related to data privacy, international communications, and the transmission of technical or personal data. Customer is solely responsible for Customer’s interactions with other subscribers to the Services (“Subscribers”). Customer will not use the Services in a manner or in connection with activity that violates a third party’s rights or intellectual property. InfoAge reserves the right, but has no obligation, to monitor disputes between Customer and other Subscribers. InfoAge reserves the right to remove any Customer or Subscriber from the Service without a refund who violates these Terms of Service, in the sole discretion of InfoAge. If Customer resides in a country embargoed by the United States, Customer agrees Customer will not engage in commercial activities or operate or develop an application in connection with or using the Services. If Customer resides outside of the United States, Customer agrees and consents to transmitting their data, content, Registration Data, Contact Information, and Confidential Information to the United States and consents and agrees to such data, content, Registration Data, Contact Information, and Confidential Information to be stored in the United States. Customer will not upload or use in connection with Services malicious code, malware, viruses, spyware, adware, or bots. Customer will not use, associate, or link the Services in connection with a website or content including any of the following: (i) racial, ethnic, gender, age, religious, political, or sexual orientation discrimination; (ii) investment or business opportunities or advice prohibited by law; (iii) obscenity, profanity, or pornography; (iv) defamatory, abusive or threatening language, images or content; (v) promotion of illegal substances or narcotics, gambling, or other criminal conduct; (vi) pirating software or media (vii) hacking, spoofing, phishing, or phreaking. In addition, Customer may not access the Services for purposes of monitoring its performance or functionality, or for any other competitive purposes. InfoAge shall have no liability for Customer’s interactions with other Subscribers, or for any other Subscriber’s action or inaction.

Customer may access their data from the Services, via use of the Application Program Interface (API). Any use of the InfoAge API, including but not limited to access of the API via a third party application is specifically bound and subject to the terms and conditions herein. Without limiting the foregoing, Customer specifically agrees to be bound to the following terms regarding InfoAge API use:
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a) CUSTOMER EXPRESSLY AGREES THE INFOAGE API WILL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;

b) CUSTOMER EXPRESSLY AGREES THAT INFOAGE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, MISAPPROPRIATION OF DATA, BREACH OF DATA SECURITY, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY CUSTOMER’S USE OF THE INFOAGE API, EITHER DIRECTLY OR VIA A THIRD-PARTY APPLICATION.

c) INFOAGE EXPRESSLY RESERVES THE RIGHT AT ANY TIME, IN ITS SOLE DISCRETION, TO REVOKE PERMISSION, MODIFY OR DISCOUNTINUE THE AVAILABILITY OF THE INFOAGE API, IN WHOLE OR IN PART, TO ANY CUSTOMER, WITH OR WITHOUT NOTICE.

d) ANY ABUSE OF THE INFOAGE API OR EXCESSIVE USE OF THE API BANDWIDTH (TO BE DETERMINED IN THE SOLE DISCRECTION OF INFOAGE) WILL RESULT IN THE IMMEDIATE SUSPENSION OF CUSTOMER’S ACCOUNT WITHOUT NOTICE.

A Team Account shall be defined as two or more Customers accessing the same InfoAge Account. Team Accounts may be purchased by a company or an individual for the purpose of adding numerous Customers together under one common Team Account. Customer acknowledges and agrees that all data linked or uploaded by each Customer to a Team Account is accessible by all Customers who have access to the same Team Account. Customer acknowledges and agrees that by updating data, importing data or linking third party sites or applications to a Team Account, Customer grants access and visibility to such data to each Customer of such Team Account. Customer acknowledges and agrees that all contact information, data or content uploaded, including but not limited to customer lists, email addresses, phone numbers, physical addresses of Customer or others, imported, or otherwise linked to an Account (“Contact Information”), is shared with all Customers of such Account, which may be a Team Account. Customer acknowledges and agrees that linking third party sites, applications or contact information or data, may share otherwise private communications with other Customers of such Team Account. If the registered owner (“Administrator”) of the Team Account deletes a Customer from the common Team Account, the Team Account database is altered and all communication associated with such deleted Customer will be removed, however Customer agrees that imported or linked Contact Information will not be removed from the common Team Account.

Personal information, including Registration Data, Customer provides to InfoAge through the Services is governed by the Privacy Policy and applicable laws related to personal information. Customer acknowledges and agrees that InfoAge aggregates all Contact Information provided by Customer. Such Contact Information is downloadable by Customer into a single file. Customer understands and agrees that within a Team Account all Contact Information linked to or uploaded to a Team Account is visible and downloadable by any Customer of the Team Account. Customer’s election to use the Services each time Customer logs on to Customer’s InfoAge Account functions as Customer’s acceptance of the terms of the then-current Privacy Policy. Customer acknowledges and Customer agrees that Customer is responsible for maintaining the confidentiality of Customer’s username, password, and all other sensitive, confidential or proprietary information relating to or used in connection with Customer’s InfoAge Account. Customer agrees that Customer is responsible for all activities that occur in Customer’s InfoAge Account and Customer agrees to notify InfoAge immediately of any unauthorized use of Customer’s InfoAge Account. InfoAge is in no way responsible for any loss or damage to Customer or to any third party incurred as a result of any unauthorized access and/or use of Customer’s InfoAge Account, or otherwise. Customer hereby represents and warrants to InfoAge that Customer owns or has all necessary right, title, and interest in and to the use of all information which Customer uses in connection with Customer’s InfoAge Account and in the manner in which such information is being used by Customer, including but not limited to all Contact Information.

The Services will include certain communications from InfoAge, such as service announcements, administrative messages, notifications, and e-newsletters. Customer understands that these communications sent to Customer shall be considered part of using the Services. As part of our commitment to Customer’s privacy, Customer may choose to not receive certain promotional communications from InfoAge by updating notifications preferences within Customer’s InfoAge Account.

Trials. Customer may register for a free trial of the Services and InfoAge will make the Services available on a trial basis at no cost until the earlier of: (i) the end of the trial period; or (ii) upon purchase of any Services by Customer. Customer may use the Services offered for a free trial without any obligation to purchase Services. Customer may cancel Customer’s InfoAge Account at any time during the trial period by following the steps described in more detail in paragraph Canceling and Terminating InfoAge Services. If Customer does not purchase Services or cancel the InfoAge Account by the end of the trial period, Customer’s InfoAge Account will be suspended and will be marked for deletion from InfoAge servers. Customer may restore a suspended InfoAge Account within thirty (30) calendar days of suspension by purchasing Services. If Customer’s InfoAge Account remains in suspended status for sixty (60) calendar days, all of Customer’s content and data, including but not limited to Contact Information, will be deleted from InfoAge servers. This information cannot be recovered once deleted.

Services. InfoAge reserves the right at any time to assess fees for access, to portions of or in its entirety, any or all of the Services and to modify such fees. Customer may review InfoAge’s current pricing for Services at the following link https://www.munifeemaster.com/pricing/. Such fees shall not be charged unless Customer’s agreement to pay such fees is obtained. If Customer purchases an InfoAge Account that is offered by InfoAge for a fee or adds additional services which are not part of the InfoAge Account (“Services”) and such transaction is confirmed by Customer, Customer agrees to pay the applicable fees for the Services (including, without limitation, periodic fees for upgrades and changes) as they become due plus all related taxes, if applicable, and hereby authorizes InfoAge to assess a monthly or annual recurring automatic payment transaction which will be assessed to the payment form provided by Customer at the time of Service registration. Team Accounts will be billed for all Customers invited to join the Team Account regardless of the response to such invitation, acceptance, or denial. If Customer elects not to pay such fees, InfoAge shall have the right to cease providing some or all of such Service to Customer. Customer agrees and acknowledges that InfoAge’s payment processor, an independent contractor, stores Customer’s payment information.

NO REFUNDS. InfoAge employs a NO REFUNDS policy, regardless of use of the Services. ALL SALES ARE FINAL. Customer agrees and acknowledges that Customer’s obligation to pay fees continues through the end of the billing period, monthly or annual, during which Customer cancels Customer’s Services. The only exception to this rule is the initial 60-day Money Back Guarantee program, where a Customer will be refunded the entire payment amount received by InfoAge, if the Customer cancels Services within the initial calendar 60 (sixty) days of activating the Customer’s InfoAge Account.

Past Due. If Customer’s InfoAge Account is in past due status due to non-payment, InfoAge will notify Customer or Administrator of Team Accounts in writing of account’s past due status. If payment is not received by InfoAge within ten (10) calendar days, Customer’s access to Customer’s InfoAge Account will be restricted. If Customer’s InfoAge Account remains in past due status for a period of thirty (30) calendar days, Customer’s InfoAge Account will be suspended and will be marked for deletion from InfoAge servers. Customer may restore a suspended InfoAge Account within sixty (60) calendar days of suspension by paying for the past due balance on the InfoAge Account. If Customer’s InfoAge Account remains in suspended status for sixty (60) calendar days, all of Customer’s content and data, including but not limited to Contact Information, will be deleted from InfoAge servers. This information cannot be recovered once deleted.

Payment Disputes. All payment disputes must be submitted in writing to InfoAge at billing@munifeemaster.com, within thirty (30) days of the occurrence of such disputed charge. CUSTOMER WAIVES ALL CLAIMS ARISING IN CONNECTION TO PAYMENTS CHARGED TO CUSTOMER’S ACCOUNT IF CUSTOMER FAILS TO FILE A CLAIM WITH INFOAGE IN WRITING TO BILLING@MUNIFEEMASTER.COM WITHIN THIRTY (30) DAYS OF THE OCCURRENCE OF SUCH DISPUTED CHARGE.

Customer is solely responsible for properly canceling Customer’s InfoAge Account with InfoAge. A letter, email, or telephone request to cancel Customer’s InfoAge Account is not considered a cancellation of Customer’s account with InfoAge. Customer can cancel Customer’s InfoAge Account at any time simply by clicking on the Settings >> My Account and select “Delete Account” within Customer’s InfoAge Account. Upon cancellation of an InfoAge Account, all of Customer’s content and data, including but not limited to Contact Information, will be deleted from InfoAge servers. This information cannot be recovered once deleted.

In addition to all other terms and conditions of these Terms, Customer shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services in any way; (ii) copy, distribute, or disclose any part of the Services in any medium; (iii) alter or modify the Services in any way without the prior written consent of InfoAge; (iv) reverse engineer, reverse assemble, reverse compile, or otherwise attempt to create the source code from the Services, or interfere with, or compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Services; (vii) impersonate another person or otherwise misrepresent Customer’s affiliation with a person or entity, conduct fraud, hide or attempt to hide Customer’s identity, or misrepresent the source or content of information transmitted through the Services; (viii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the InfoAge website or all or any portion of the Services; (ix) bypass the measures InfoAge may use to prevent or restrict access to the Services; (x) use any robot, spider, scraper, script, or other comparable automated technology to access the Services for any purpose without InfoAge’s express written permission; (xi) gain unauthorized access to the Services, its user accounts, computer systems, or networks through unauthorized means such as hacking or password mining; (xii) collect or harvest any personally identifiable information, including account names, from the Services without first obtaining the express prior written permission of such party to use any such personally identifiable information; (xiii) use third party links to sites without agreeing to their website terms & conditions; and (xiv) post links to third party sites or use their logo, company name, etc. in connection with the Services without first obtaining their express prior written permission. Customer shall: (i) notify InfoAge immediately of any unauthorized use of any password or InfoAge Account or any other known or suspected breach of security; (ii) report to InfoAge immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by Customer or other Subscribers to violate these Terms or the intellectual property rights of third parties; and (iii) not impersonate another Subscriber or provide false identity information to gain access to or use the Services.

Customer agrees Customer is solely responsible for the contents of Customer’s transmissions through the Services. Customer agrees not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or infringes or may infringe the intellectual property or other proprietary rights of another person. Customer agrees not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, or other unsolicited mass distribution of email or other unauthorized or unsolicited activity. InfoAge reserves the right to terminate Customer’s access to the Services if InfoAge believes that Customer has used the Services for any illegal or unauthorized activity.

The Customers of InfoAge primarily deal with public information and data, such as fee program documents, fee schedules, assessor parcel numbers, property addresses, fee amounts, square footage of structures, property descriptions, regulatory deadlines, etc. (“Public Information). We may access and use this Public Information for the purposes of analytics, marketing, and improvement of Services. We may share this Public Information and data with other third parties, as described in our Privacy Policy.We respect Customer’s right to exclusive ownership of Customer’s non-public information and data in the InfoAge Account, including but not limited to property owner contact information, tasks, events, messages, notes, and comments in the InfoAge Account, and related content created or stored by Customer and any type of data that identifies Customer or any specific customer or program, including but not limited to information about usage, account information, internal team members, or merchants in conjunction with Customer or Customer’s customers, Contact Information (the “Confidential Information”). Unless specifically permitted by Customer, Customer’s use of the Services does not grant InfoAge the license to use, reproduce, adapt, modify, publish or distribute the Confidential Information content created by Customer or stored in Customer’s InfoAge Account for InfoAge’s commercial, marketing, or any similar purpose. Customer expressly grants InfoAge the right to use and analyze aggregate system activity data associated with use of the Services by Customer and other subscribers for the purposes of optimizing, improving, or enhancing the way the Services operate, and to create new features and functionality in connection with the Services in the sole discretion of InfoAge.

Customer may transmit or publish content created by Customer using any of the Services or otherwise. However, Customer shall be solely responsible for such content and the consequences of its transmission or publication. ANY CONTENT THAT CUSTOMER MAY RECEIVE FROM OTHER SUBSCRIBERS OF THE SERVICES, IS PROVIDED TO CUSTOMER AS-IS FOR CUSTOMER’S INFORMATION AND PERSONAL USE ONLY AND CUSTOMER AGREES NOT TO USE, COPY, REPRODUCE, DISTRIBUTE, TRANSMIT, BROADCAST, DISPLAY, SELL, LICENSE OR OTHERWISE EXPLOIT SUCH CONTENT FOR ANY PURPOSE, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE PERSON WHO OWNS THE RIGHTS TO SUCH CONTENT. In the course of using any of the Services, if Customer comes across any content with copyright notice(s) or any copy protection feature(s), Customer agrees not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services Customer affirms that Customer has the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner described above, Customer expressly agrees that InfoAge shall have the right to immediately block access to or remove such content made available by Customer, if InfoAge receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using the Services, Customer hereby expressly and irrevocably consents to determination of questions of illegality or infringement of third party rights in such content by the agent designated by InfoAge for this purpose.

InfoAge and FeeMaster, both the word and mark, and the logos are trademarks of InfoAge and FeeMaster. Customer agrees not to display or use, in any manner, the InfoAge and FeeMaster trademarks, without InfoAge’s express prior written consent. Customer acknowledges and agrees that InfoAge is and shall remain the exclusive owner of all right, title and interest in and to the Services, including without limitation all patent, copyright, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications, or additional features added from time to time by InfoAge, whether in connection with Customer’s use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to Customer is granted or implied under these Terms.

During Customer’s use of the Services, Customer may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third parties displaying their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between Customer and the applicable third-party and is governed by any terms, rules, regulations and policies of such third party. InfoAge and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Customer and any such third-party. InfoAge and its licensors shall not be responsible for interruptions in service or performance from third parties, or any interruptions in the Services caused by such third party services. InfoAge expressly does not endorse any sites on the Internet that are linked through the Services, and in no event shall InfoAge or its licensors be responsible for any content, products, or other materials on or available from such third-party sites. InfoAge provides the Services to Customer pursuant to the terms and conditions of these Terms. Customer recognizes, however, that certain third-party providers of ancillary software, hardware or services may require Customer’s agreement to additional or different license or other terms prior to Customer’s use of or access to such software, hardware or services.

By agreeing to these Terms, Customer will be provided access to the Services on the terms and conditions outlined herein from time to time. If necessary, InfoAge reserves the right to deny Customer’s access to the Services from time to time in order to permit InfoAge to perform routine or emergency maintenance, bug fixes or upgrades, in which event, Customer authorizes InfoAge to access Customer’s InfoAge Account. InfoAge shall use commercially reasonable efforts to notify Customer of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours. In addition, InfoAge reserves the right, in its sole discretion, to reassign or rename Customer’s domain/profile URL. InfoAge is not responsible for outages or service degradations where systems, programs, data, or processes that are controlled, supplied or operated by Customer are contributing factors to the outage or service degradation. In addition, where the Services are Internet-based, Customer acknowledges and agrees that InfoAge cannot control the flow of data between its servers, other portions of the Internet and Customer’s connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair Customer’s connections to the Internet. Although InfoAge will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.

CUSTOMER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. INFOAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFOAGE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CUSTOMER FROM INFOAGE, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.

CUSTOMER AGREES THAT INFOAGE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, EVEN IF INFOAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INFOAGE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL INFOAGE'S LIABILITY TO CUSTOMER, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO INFOAGE FOR SUCH SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. CUSTOMER AGREES THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY CUSTOMER AND INFOAGE IN THESE TERMS.

Customer agrees to indemnify and hold harmless InfoAge, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that Customer has used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or in connection with any other claim related to Customer’s use of the Services.

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and may not be appealed. The arbitration shall be conducted in Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, InfoAge may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Customer agrees that InfoAge may terminate Customer’s InfoAge Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms or the Privacy Policy, a request by Customer to terminate Customer’s InfoAge Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and/or requests by law enforcement or other government agencies, and for non-payment for Services. Termination of Customer’s InfoAge Account includes elimination of access to the Service, deletion of Customer’s InfoAge Account, deletion of all of Customer’s content and data, including but not limited to Contact Information, as permitted or required by law.

Assignability. Customer may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, or its rights or obligations hereunder without InfoAge’s express prior written consent. Any attempt to assign or transfer this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware excluding that body of laws known as conflicts of law.

Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

Notices. Any notices or other communications provided under this Agreement will be given: (i) via email; or (ii) by posting such notice on InfoAge’s website or to the Services. For notices given by email, the date of receipt will be deemed the date on which such notice is transmitted.

Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.