UNUSUALPAPER.COM
TERMS OF SERVICE
Effective Date: January 27, 2023
UNUSUALPAPER.COM (“UNUSUAL PAPER”) is a website
under the ownership of UNUSUAL PAPER LLC, (“UNUSUAL PAPER”, “Company”, “we”, “our”,
or “us”), a Delaware corporation.
The terms "you," "your,"
"yours", “user”, “users” and "Customer" refer to the
customer utilizing our Website. The terms "Site",
"Website", "Application", “App”, "Product",
“Services” and "Service" refer to the website and services provided
by UNUSUAL PAPER.
UNUSUAL PAPER is an online research platform that
provides access to stock market data and options trade data services to you,
the user, subject to your compliance with all the terms, conditions, and
notices contained or referenced herein (the “Terms of Service”), as well as any
other written agreement between us and you. In addition, when using particular
services or materials on this website, users shall be subject to any posted rules
applicable to such services or materials that may contain terms and conditions
in addition to those in these Terms of Service. All such guidelines or rules
are hereby incorporated by reference into these Terms of Service.
These Terms of Service are a binding contract
between you and UNUSUAL PAPER LLC.
UNUSUAL PAPER is not a registered investment
advisor or broker-dealer, and is not licensed nor qualified to provide
investment advice. Nothing published or made available by or through UNUSUAL
PAPER should be considered investment advice, investment services or a
solicitation to BUY, SELL, or HOLD any securities, financial instruments or
other investments mentioned by UNUSUAL PAPER or any
third-party service providers utilized by UNUSUAL PAPER.
All information
provided on the UNUSUALPAPER.com platform, UNUSUAL PAPER SMS text messages, or UNUSUAL
PAPER emails can be delayed by up to 15 minutes from the original transaction
date in some instances.
Although we make
every effort to provide the most accurate and updated financial data in
real-time, publishing or delivering the communications alerts in real-time or
any specific time frame is not guaranteed.
Although we make
every effort to provide the most accurate and updated information possible, our
information cannot take into consideration your personal finances and goals,
and therefore is not intended to be used as customized recommendations to buy,
hold, or sell securities, or to engage in any trading strategy, or that an
investment strategy is suitable for any specific person. Such recommendations
may only be made by a personal advisor or financial professional you select.
Under no
circumstances should any material in this site be construed as an offering of
individual or investment advice. We strongly recommend that all subscribers
consult with his or her professional investment advisor regarding their
investments.
Subscribers agree that under
no circumstances will UNUSUAL PAPER be held liable
for any loss or damage caused by your reliance on information obtained from
this website including any SMS text messages, emails, or any other materials.
Investing and
trading financial securities include inherent risks and should not be
undertaken without professional advice.
By agreeing to these Terms
of Service, you agree to release and hold UNUSUAL PAPER LLC
completely harmless from any and all losses that may occur for any reason or
cause including negligence on the part of UNUSUALPAPER.COM
and/or UNUSUAL PAPER LLC as a result of reading this
website, using or relying on any information contained herein, or in any
communications including but not limited to SMS text messages, emails, website
information or internet posts.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY
THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE,
PLEASE EXIT THE WEBSITE IMMEDIATELY. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE,
OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR
THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE
TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF
THIS WEBSITE.
These Terms of Service are effective as of January
27, 2023. We expressly reserve the right to change these Terms of Service from
time to time without notice to you. You acknowledge and agree that it is your
responsibility to review this website and these Terms of Service from time to
time and to familiarize yourself with any modifications.
Your continued use of this website after such
modifications will constitute acknowledgement of the modified Terms of Service
and agreement to abide and be bound by the modified Terms of Service.
DESCRIPTION OF
SERVICES
UNUSUAL PAPER
is an online
research platform that provides access to financial data, options trade data,
and stock market data at its website www.
UNUSUALPAPER
.COM.
The service includes but is not limited to
providing access to: unusual options activity data; time and sales data for
financial securities; trending options data; insider trading transactions data;
a dedicated VOIP number that facilitates the delivery of SMS text message
alerts; email alerts; and the
UNUSUAL PAPER
website
or software applications provided by
UNUSUALPAPER.COM
and
UNUSUAL
PAPER LLC
.
You are responsible for providing, at your own
expense, all equipment necessary to use the services, including a computer,
smartphone, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either modify or
discontinue the website, including any of the website’s features, at any time
with or without notice to you. We will not be liable to you or to any third
party for any modification, suspension, or discontinuance of all or any portion
of our Services. Any new features that augment or enhance the then current
services on this website shall also be subject to these Terms of Service. We
also reserve the right, in our sole discretion, to reject or remove any
material that you upload, send or receive, and to restrict, suspend, or
terminate your access to our Services at any time, for any or no reason, with
or without prior notice, and without liability.
SERVICE USAGE
TERMS
You may be required to sign up for an account and
select a password and user name (“User ID”). You promise to provide us with
accurate, complete, and updated registration information about yourself. For
your User ID, you may not select a name that you do not have the right to use,
or another person’s name with the intent to impersonate that person.
You represent and warrant that you are of legal age
to form a binding contract. If you’re agreeing to these Terms of Service on
behalf of an organization or entity, you represent and warrant that you are
authorized to agree to these Terms of Service on that organization or entity’s
behalf and bind them to these Terms of Service (in which case, the references
to “you” and “your” in these Terms of Service, except for in this sentence,
refer to that organization or entity).
You will only use the Services for your own
personal or business use and only in a manner that complies with all laws that
apply to you. If applicable laws prohibit your use of the Services, then you
aren’t authorized to use the Services. We can’t and won’t be responsible for your
use of the Services in a way that breaks the law.
You are solely responsible for protecting the
security of your account and your password. You are responsible for any
activity associated with your account.
We retain the right to impose limits on your usage
of the Services or to terminate the Services if we reasonably believe that your
usage, including, but not limited to, the total number of trade alerts you
create, SMS messages you receive, or emails you use is not consistent with
normal, fair and reasonable use of such Services. Wherever reasonably possible,
we will give you written notice before taking any such action, and allow a
reasonable period to allow you to modify your use.
The contents of this site are provided for
informational purposes only and may not, in any form or by any means, be copied
or reproduced, summarized, distributed, modified, transmitted, revised or
commercially exploited without our prior written permission.
You understand that all information within our
service may be protected by intellectual property rights which are owned by us.
You may not use, copy, modify, rent, lease, loan, sell, distribute or create
derivative works based on this content (either in whole or in part).
Illegal or Inappropriate Behavior. You shall not
use the Services for any illegal, fraudulent, improper, or abusive purpose or
in any way that interferes with UNUSUAL PAPER's ability to provide high quality
Services to other customers, prevents or restricts other customers from using
the Services, or damages UNUSUAL PAPER's or other customers' property. If UNUSUAL
PAPER finds that You are using the Services for anything other than the
permitted uses in this Agreement or for any of the prohibited uses in this
Agreement, UNUSUAL PAPER may at its sole discretion terminate Your Service and
charge You any applicable fees for the Services used plus damages caused by
Your improper use. Prohibited uses include, but are not limited to: (1)
Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous,
deceptive, fraudulent, malicious, infringing, tortious, or invasive of
another's privacy; (2) Harvesting or otherwise collecting information about
others, including email addresses, without their consent; (3) Negligently,
recklessly, knowingly, or intentionally transmitting any material that contains
viruses, trojan horses, worms, malware, spyware, or any other programs that may
be harmful or dangerous; (4) sharing, forwarding, selling or distributing any
data that can only be accessed from the UNUSUAL PAPER secure customer account
dashboard or any data sent from UNUSUAL PAPER via SMS text message and/or email;
(5) Using any intellectual property rights protected by applicable laws and
contained in or accessible through the Services for the purpose of building a
competitive product or service or copying its features or user interface; (6)
Using the Services, or permit it to be used, for purposes of product
benchmarking or other comparative analysis intended for publication without UNUSUAL
PAPER’s prior written consent; (7) Using the Services to develop or enhance any
software, software code, or any derivative works of any software without UNUSUAL
PAPER’s prior written consent; (8) Violating any U.S. or foreign law regarding
the transmission of technical data or software exported through the Services; (9)
Utilizing the Services in excess of what, in UNUSUAL PAPER's sole discretion,
would be expected of normal use, or using SMS text message alerts and/or email
alerts in excess of what would be expected of a single user; and (10) Using the
Services in any way that interferes with other customers' and third parties'
use and enjoyment of the Services or use the Services in any manner which
disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that:
Your use of the Services is subject to all
applicable local, state, national, and international laws and regulations
(including without limitation those governing account collection, export
control, consumer protection, unfair competition, anti-discrimination,
securities laws, and false advertising). In addition, unusually high usage of
the Services may impair UNUSUAL PAPER's ability to provide high quality
Services to others and/or indicate unauthorized use of the Services, in which
case, UNUSUAL PAPER may suspend or terminate Your Account or, upon prior
notice. UNUSUAL PAPER reserves the right to add to, modify or amend this Use
Policy at any time for any reason at its sole discretion.
RESTRICTIONS
You represent, warrant, and agree that you will not
contribute any Content or User Submission or otherwise use the Services or
interact with the Services in a manner that:
A.
Violates any law or regulation;
B.
Infringes or violates the intellectual property
rights or any other rights of anyone else (including UNUSUAL PAPER);
C.
Jeopardizes the security of your UNUSUAL PAPER
account or anyone else’s (such as allowing someone else to log in to the
Services as you);
D.
Attempts, in any manner, to obtain the password,
account, or other security information from any other user;
E.
Violates the security of any computer network, or
cracks any passwords or security encryption codes;
F.
Is harmful, fraudulent, deceptive, threatening,
harassing, defamatory, obscene, or otherwise objectionable;
G.
Uses any intellectual property rights protected by
applicable laws and contained in or accessible through the Services;
H.
Uses the Services, or permits it to be used, for
purposes of product benchmarking or other comparative analysis intended for
publication without prior written consent from UNUSUAL PAPER;
I.
Uses the Services to develop or enhance any software,
software code, or any derivative works of any software without prior written
consent from UNUSUAL PAPER;
J.
Runs any form of auto-responder or “spam” on the
Services, or any processes that run or are activated while you are not logged
into the Services, or that otherwise interfere with the proper working of the
Services (including by placing an unreasonable load on the Services’
infrastructure);
K.
Copies or stores any significant portion of the
Content;
L.
"Crawls," "scrapes," or
"spiders" any page, data, or portion of or relating to the Services
or Content (through use of manual or automated means);
A violation of any of the foregoing is grounds for
termination of your right to use or access the Services.
INTERNATIONAL TEXT
MESSAGE OVERAGE FEES
You will be charged any applicable Taxes and Fees
associated with international usage if you chose to have the SMS text message
alerts sent to a phone number outside of the United States of America or
Canada. For example, a user sending SMS Text Message Alerts to a mobile phone
number in the United Kingdom or Australia will incur international usage fees
of at least $0.02 USD per SMS text message sent. International SMS text message
usage fees vary based on your location, your area code, your mobile phone
provider, and other factors. Please contact us for more information on
international usage rates.
You can avoid SMS text message fees by disabling
SMS text message alerts on the Notification Settings page within the Account
Dashboard.
RECORDS STORAGE
While your account is active, users have the
ability to save financial stock market data to a Watchlists page within the
secure customer account dashboard.
You acknowledge that UNUSUAL PAPER may cease
offering this feature or change its practices and/or limitations concerning
this feature at any time, including, without limitation, changing the maximum
number of days that saved records will be retained, the maximum number of saved
records stored at any one time and the maximum storage space allotted on the UNUSUAL
PAPER servers on your behalf. You further agree that UNUSUAL PAPER has no
responsibility or liability whatsoever for any failure or malfunction of this
feature, whether or not such failure prevents you from utilizing the feature,
including but not limited to the storage or deletion of any saved records.
TERMINATION
UNUSUAL PAPER is free to terminate (or suspend
access to) your use of the Services or your account, for any reason in our sole
discretion, including your breach of these Terms of Service. UNUSUAL PAPER has
the sole right to decide whether you are in violation of any of the
restrictions set forth in these Terms of Service.
Account termination may result in destruction of
any content associated with your account, including any saved records being
stored on your UNUSUAL PAPER account. If you cancel your UNUSUAL PAPER account,
your stored saved records will be deleted.
If you have cancelled your UNUSUAL PAPER account by
mistake, contact us immediately at HELLO@UNUSUALPAPER.COM. We will try to help,
but unfortunately, we can’t guarantee that we can recover or restore anything.
UNUSUAL PAPER reserves the right to suspend or
terminate your account and associated Service without notice upon rejection of
any credit or debit card charges or if your card issuer (or its agent or
affiliate) seeks return of payments previously made to UNUSUAL PAPER when UNUSUAL
PAPER believes you are liable for the charge. Such rights are in addition to
and not in lieu of any other legal rights or remedies available to UNUSUAL
PAPER.
If, for any reason, UNUSUAL PAPER believes that You
are using the Service for a prohibited purpose and/or Your usage violates the
Terms of Service Policy, then UNUSUAL PAPER may, in its sole discretion with or
without notice, terminate Your service.
PAYMENT AND
CHARGES
You agree to pay all charges for your use of the
Service in accordance with the pricing plan you were offered and agreed to upon
signing up for the Service. UNUSUAL PAPER reserves the right to charge
value-added taxes ("VAT"), sales or other taxes on the Service as it
deems appropriate and UNUSUAL PAPER reserves the right to change prices or
institute new charges for access to or use of the Service.
UNUSUAL PAPER may amend your pricing plan,
including any charges thereto, at any time either by posting pricing plan
changes on the UNUSUAL PAPER Website, or sending information regarding the
pricing plan changes to the email address you provided to UNUSUAL PAPER. You are
responsible for regularly reviewing such pricing information. Continued use of
the Service, or non-termination of your UNUSUAL PAPER account, after changes
are either posted or emailed to you constitutes your acceptance of the prices
as modified.
a.
International
overage rates will be incurred at your expense and charged to your UNUSUAL
PAPER account if you have SMS text message alerts sent to an international phone
number outside the United States of America. In addition, You may be charged
any applicable Taxes and Fees associated with international SMS text message
usage. Please contact us for more information on international SMS text message
usage rates.
b.
Your
monthly subscription fees, as applicable, are payable in advance and are
COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, UNUSUAL
PAPER may submit charges for your monthly service fee each month.
Each time you use the Service, or allow or
cause the Service to be used, you agree and reaffirm that UNUSUAL PAPER is
authorized to charge your designated card(s). Your card issuer's agreement
governs your use of your designated card in connection with payment for the
Service, and you must refer to such agreement (not this Agreement) with respect
to your rights and liabilities as a cardholder.
c.
Free
Trial Terms: If you subscribed to the Service pursuant to the UNUSUAL PAPER
free trial, granting you a free trial period, your monthly subscription plan
fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT
(meaning the amounts pre-authorized will not be considered available credit or
debit funds in such account). These fees will be immediately charged to your
credit or debit card, without further authorization from you, upon the
expiration of such free trial period, unless you provide prior notice that you
have terminated your UNUSUAL PAPER account. Such notice will not affect charges
submitted before UNUSUAL PAPER reasonably could act on your notice. You will
not receive a notice from UNUSUAL PAPER to inform you that your free trial
period has ended or that your free trial limits have been reached. If you
cancel your UNUSUAL PAPER account within the first 7 days from the original
sign up date, your credit card will not be charged, unless your UNUSUAL PAPER
account has incurred international usage fees for international SMS text
message alerts. If you submit a cancellation request after the first 7 days
have passed from the original sign up date, you will no longer be entitled to a
full refund under the terms of the Free Trial. You can cancel your UNUSUAL
PAPER account at anytime by submitting an email
request to HELLO@UNUSUALPAPER.COM or by logging into the UNUSUAL PAPER Account
Dashboard and clicking the “CLOSE ACCOUNT” button on the Settings Page.
d.
Changed
Billing Information: You must promptly notify UNUSUAL PAPER of changes to: (a)
the account number, security code or expiration date of your designated credit
or debit cards; (b) your billing address for the designated credit or debit
card. You must also promptly notify UNUSUAL PAPER if your card is canceled for
any reason, including loss or theft. In order to avoid Service interruptions caused
by declined credit or debit card charges, you are solely responsible for
updating your billing information on the Billing Settings page of your UNUSUAL
PAPER account dashboard.
NO RESALE OF THE
SERVICE
You are prohibited from selling, reselling, renting,
loaning or leasing the use of the Service in any capacity.
ACCOUNT OWNERSHIP
The Account owner shall be the legal entity (e.g.,
corporation, partnership, individual) that signs up for the Services with UNUSUAL
PAPER. If no legal entity is provided upon sign-up, the Account owner shall be
the owner of the credit card used to open the Account. Subsequent changes to
ownership must be supported by appropriate legal documentation. UNUSUAL PAPER
shall not adjudicate ownership-related disputes, or any other internal business
disputes. If UNUSUAL PAPER is unable to determine the valid owner of the
Account, UNUSUAL PAPER reserves the right to suspend or terminate the Account
and Services.
INDEMNIFICATION
To the fullest extent allowed by applicable law,
You agree to indemnify and hold us, our suppliers and licensors, and our
respective subsidiaries, affiliates, officers, agents, employees, independent
contractors, representatives, and assigns harmless from any costs, damages
(actual and consequential), losses and expenses (including attorneys’ fees),
and liability caused by your use of the Services and Service Content, your
violation of these Terms of Service, or your violation of any rights of a third
party through use of the Services or Service Content.
ASSIGNMENT
You may not assign, delegate or transfer these
Terms of Service or your rights or obligations hereunder, or your Services
account, in any way (by operation of law or otherwise) without UNUSUAL PAPER’s
prior written consent. We may transfer, assign, or delegate these Terms and our
rights and obligations without consent.
WARRANTY
DISCLAIMER
UNUSUAL PAPER does not make any representations or
warranties concerning any content contained in or accessed through the
Services, and we will not be responsible or liable for the accuracy, copyright
compliance, legality, or decency of material contained in or accessed through
the Services. We make no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through the
Services. Products and services purchased or offered (whether or not following
such recommendations and suggestions) through the Services are provided “AS IS”
and without any warranty of any kind from UNUSUAL PAPER or others (unless, with
respect to such others only, provided expressly and unambiguously in writing by
a designated third party for a specific product).
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS
AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE
COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE
CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT
YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS.
Any rights not expressly granted herein are
reserved by us.
LIMITATION OF
LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO
CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF
ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE
CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM
AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR
OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF
THE SERVICES AND SERVICE CONTENT.
UNITED STATES OF AMERICA GOVERNMENT REQUIRED
DISCLAIMERS
Commodity Futures Trading Commission
Futures and Options trading has large potential
rewards, but also a large potential risk. You must be aware of the risks and be
willing to accept them in order to invest in the stock/options markets. Do not
trade with money you can’t afford to lose. This is neither a solicitation nor
an offer to buy or sell stocks, futures, options or securities of any sort. No
representation is being made that any account will or is likely to achieve
profits or losses similar to those discussed via this website, and media
referenced. The past performance of any trading system or methodology is not
necessarily indicative of future results.
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED
PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE
RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE
TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED
FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY.
SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY
ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE
THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE
SHOWN. All trades, patterns, charts, systems, etc., discussed in this
advertisement and the product materials are for illustrative purposes only and
not to be construed as specific advisory recommendations.
GENERAL
Enforcement of these Terms of Service will be
governed by the laws of the State of Delaware, excluding its conflict and
choice of law principles. The exclusive jurisdiction and venue for any claims
arising out of or related to these Terms of Service or your use of the Services
or Service Content will lie in the state and federal courts located in New
Castle County, Delaware, and each party irrevocably agrees to submit to the
jurisdiction of such courts. Notwithstanding this, you agree that we will be
allowed to apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction. Our failure to enforce any right or provision in
these Terms of Service will not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing. In the event that a court
of competent jurisdiction finds any provision of these Terms of Service to be
illegal, invalid, or unenforceable, the remaining provisions will remain in
full force and effect. These Terms of Service constitutes the whole legal
agreement between the parties in connection with your use of the Sites and
Services, and governs such use. These Terms of Service completely replace and
supersede any prior agreements between the parties, whether written or oral, in
connection with the Website and Services. Except as expressly provided in these
Terms of Service, any modification of or changes to these Terms of Service must
be in a writing duly authorized by an authorized representative of ours.
MISCELLANEOUS
Survival. For avoidance of doubt, the provisions of
this Agreement relating to intellectual property ownership, customer
representations, confidentiality, use policies and restrictions, equipment,
number porting and availability, storage of user information, customer
feedback, publicity rights, non-disparagement, additional software licenses,
indemnification, force majeure, warranty disclaimers, limitations of liability,
notices, assignment, future changes, interpretation, dispute resolution and
arbitration, and choice of law shall survive termination or expiration of this
Agreement for the maximum term allowable by law.
Force Majeure. UNUSUAL PAPER shall be excused from
any delay or failure in performance hereunder caused by reason of occurrence or
contingency beyond its reasonable control, including without limitation, acts
of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third
party providers or suppliers, riots, sabotage, war, government requirements, or
other events that are beyond UNUSUAL PAPER’s reasonable control.
Dispute Resolution and Optional Arbitration. In the
event of any dispute, claim, question, or disagreement between You and UNUSUAL
PAPER ("Dispute"), You and UNUSUAL PAPER shall first use reasonable
best efforts to settle the dispute, claim, question, or disagreement. To this
end, You and an authorized member of UNUSUAL PAPER’s legal department (or other
representative of UNUSUAL PAPER designated by the legal department) shall
consult and negotiate with each other in good faith and, recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory
to both parties. Neither You nor UNUSUAL PAPER shall file or pursue any
Disputes in any court, administrative, arbitral, or other adjudicative body
prior to engaging in such consultations and negotiations.
Non-disparagement. You agree not to directly or
indirectly through a third party engage in any conduct or make any
communication (public or private) that disparages UNUSUAL PAPER or the
Applications or Services in any way. Such communications include, but are not
limited to, publishing, posting, printing, disseminating, or otherwise making
such disparaging statements on or through the Internet, in any blog, or through
any other form of social media. You further agree not to solicit or encourage,
directly or indirectly, any such statements, comments, or communications by any
third-party. In accordance with the termination provisions below, UNUSUAL PAPER
may terminate Your access to the Applications or Services if You breach the requirements
of this section. We are under no obligation to, and do not, review content
transmitted, sent, or received using the Applications or Services for purposes
of determining copyright infringement. However, UNUSUAL PAPER reserves the
right to terminate access to its Applications or Services if a user infringes
on others' copyrights, and will, in appropriate circumstances, terminate access
to the Applications or Services if UNUSUAL PAPER determines that a user is a
repeat infringer.
CONTACT INFORMATION
If you have any questions, comments, or concerns
regarding these Terms of Service or our Service, you may contact us at HELLO@UNUSUALPAPER.COM.