This document was last updated on June 28, 2023.
Welcome to DatumXpress!
Please read these Terms and Conditions carefully because they are a binding agreement between You and DatumXpress, LLC (DatumXpress). These Terms govern your use of the website that links to these Terms and Service.
These terms and conditions(“Agreement”) set forth the general terms and conditions of your use for the www.datumexpress.com website (“Site,”“Website”), services provided by “DatumXpress” application which can be accessed via mobile or desktop (“Application”) and any of their related products and services (“Services” or “Service”), including any new features and applications.
This Agreement is legally binding between you (“User”, “you” or “your”) and DatumXpress, LLC (doing business as “DatumXpress," "Datum Express," "DatumExpress," “Company,” “we”, “us” or “our”).
If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “user,” “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use theServices.
We reserve the right to modify, update, and change Terms and Conditions at any time and with or without notice to users. The terms and conditions shown on this webpage are the most current version and supersedes all other versions. A user’s continued use of the website or Services after the terms and conditions are updated shall constitute as acceptance of such changes. We also reserve the right, at our sole discretion, to modify our website and Service, at any time with or without notice to you, such as adding or removing functionality or features, or discontinuing temporarily or permanently, the Service (or any part thereof)with or without notice.
These terms and conditions contain an agreement to arbitrate.
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and additional terms to such services that may be posted, including the Privacy Policy located at www.datumexpress.com/privacy. All such terms are hereby incorporated by reference into these Terms and Conditions. You acknowledge that thisAgreement is a contract between you and DatumXpress, even though it is electronic and is not physically signed by you, and it governs your use of theServices.
I. General Use
Services Provided:
We provide the services defined below that we solely own and operate: DatumXpress is a QuickBooks integration that helps streamline the manual upload process. DatumXpress has a library of SMART templates. Once the SMART templates are filled out, they can be pushed through the DatumXpress platform and the data will sync with QuickBooks. DatumXpress has error detection and reporting that will identify some entry errors. The website and services are owned and operated by DatumXpress, LLC.
Registering an Account,Password and Security:
In order to access and utilize key features of the Service, you will be required to register and create an account with DatumXpress. If you create an account on the Services, you agree to provide and maintain honest, accurate, current, and complete information about yourself as prompted by the registration process. This data will be governed by the Privacy Policy. You are responsible for maintaining the confidentiality of your password and account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of thisAgreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. You must be a legal adult to register with DatumXpress. You must be over the age of18 to utilize this service.
Mobile Access:
TheService includes features that are available via mobile device, including i)the ability to login to the platform, ii) the ability to upload content, iii)the ability to browse the Service and the Site. To the extent you access theService through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Third Parties:
TheService may contain integrations with third party platforms (e.g. QuickBooks).We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services, as your use of such websites and services will be subject to the terms applicable to each such website and service.
You agree that DatumXpress provides integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services. Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Access to any other website or service linked to or integrated with the Site and/or Service is at your own risk, and DatumXpress is not responsible for the accuracy or reliability, or any information, data, opinions, advice, or statements made on these websites or services. You further acknowledge and agree that DatumXpress will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such third-party website or service. Any dealings you have with third parties while using the Service are between you and the third party, and you agree that DatumXpress is not liable for any loss or claim that you may have against any such third party.
General Practices for Use and Storage:
You acknowledge that DatumXpress may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on DatumXpress’s servers on your behalf. You agree that DatumXpress has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that DatumXpress reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that DatumXpress reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
II. Billing and Payments
Trial Period:
Our Company offers a free trial for a period of 7 days that allows users full or limited access to the Service and its features, before your account is charged. During the 7- trial window, you can cancel your plan without incurring any charges. The free trial is limited to one individual or entity. The Company reserves the right to decline or terminate a free trial to any user and for any reason. It is strictly forbidden to create duplicate email accounts for the sole purpose of accessing an additional free trial period.
Payment Processing:
To facilitate payment for the Service via bank account, credit card, or debit card, DatumXpress uses Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal andStripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements.”) By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the StripeAgreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specific payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. DatumXpress assumes no liability or responsibility for any payments you make through the Service.
Payment of Fees:
To the extent the Service or any portion is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to DatumXpress that the provided information is true and that you are authorized to use the payment instrument. You hereby authorize DatumXpress to bill your payment instrument basis in accordance with the terms of the applicable payment plan until you terminate your account. You further agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
You agree to promptly update your account information with changes (for example, a change in your billing address or credit card expiration date) that may occur. All payments made are non-refundable unless otherwise stated by the Company. The pricing and payments reflect the costs for the Service in its entirety as mentioned and for the period selected. We reserve the right to change products and product pricing at any time. If DatumXpress does change prices, DatumXpress will provide notice of the change on the Site and/or in email to you, at DatumXpress’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
If you dispute any charges you must let DatumXpress know in writing within thirty days after the date that DatumXpress charges you.
Refunds and Cancellations:
If you sign up for a paid subscription to the Services, you may cancel your PaidSubscription at any time, in which case your Paid Subscription will automatically terminate at the end of the then-current subscription term (i.e.month or year, as applicable). Fees paid for any Paid Subscriptions are non-refundable and non-creditable (including that you will not be entitled to refunds or credits for partial months).
III. Acceptable Use Policy
Prohibited Uses:
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) to data mine, scrape or similar data gathering or extraction methods (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
If you are blocked by DatumXpress from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).Any use of the Service or content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of DatumXpress, our affiliates and our partners (the “Software”).
Commercial Use:
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, print, reproduce, duplicate, copy or create derivate works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the service or access to the service. The user shall not access or use the service or services without prior written consent of DatumXpress if customer is or becomes a direct competitor to DatumXpress or its affiliates.
Special Notice for International Use: Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. NoSoftware may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the DatumXpress Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of theService, including as it concerns online conduct and acceptable content.
System Abuse:
Any User in violation of the Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
Service Resources:
You may not consume excessive amounts of the resources of the Services or use theServices in any way which results in performance issues or which interrupts theServices for other Users. Prohibited activities that contribute to excessive use, include without limitation:
No Spam Policy:
You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.
Security:
You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Services. You must protect the confidentiality of your login details, and you should change your password periodically. We make no warranty express or implied for the security and operability of 3rd party software or scripts installed or run by you on the Services.
It is the responsibility of the user to safeguard their account to protect its access from unwanted parties. It is not our liability and the user agrees to hold the Company harmless from any unauthorized activity that occurs on their account. When using the Service and accessing the website, the user agrees to adhere to all local, state, and federal laws.
IV. Indemnity & Release:
You agree to release, indemnify and hold DatumXpress and its parent company, affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part. If you are a California resident, you waive CaliforniaCivil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
V. Disclaimers
Disclaimer of Warranties:
We provide our services using a commercially reasonable level of care, and endeavor to ensure your enjoyment of our Service.Other than expressly set out in these Terms and Conditions, neither DatumXpress LLC nor any of its agents make any promises about the site, including but not limited to specific functions, or their reliability, availability, or ability to meet your needs. In addition, we make no guarantees that the Service will be uninterrupted, timely, secure or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, completeness, timeliness or reliability of any information obtained through theService or that defects in the Service will be corrected. You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We 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 and non-infringement.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any error or damage to business or reputation or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through theService unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
While we have made every attempt to ensure that the information contained on the Services is correct, DatumXpress is not responsible for any errors or omissions, or for the results obtained from the use of this information. Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice(including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
In no event will DatumXpress, or its partners, employees, or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Services, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information contained on the services are subject to change at any time and without warning.
Advertisements:
TheServices may contain forms of advertising. Advertising space will always be identified as such. During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Reviews and Testimonials:
Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily represented of all of those who will useServices, and DatumXpress is not responsible for the opinions or comments available on the Services, and does not necessarily share them. People providing testimonials on the Services may have been compensated with free products or discounts for use of their experience. All opinions are strictly the views of the reviewers. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials maybe reviewed for authenticity before they are available for public viewing.
VI. Intellectual Property
“Intellectual Property Rights”means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, proprietary code and development, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. You acknowledge and agree that the Service may contain content or features (“ServiceContent”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
This Agreement does not transfer to you any intellectual property owned by DatumXpress or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with DatumXpress. All trademarks, service marks, graphics and logos used in connection with theServices are trademarks or registered trademarks of DatumXpress and its licensors or parent LLC.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of DatumXpress or third-party trademarks. Except as authorized by DatumXpress, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, expect that the foregoing does not apply to your own User Content that you legally upload to the service.
You agree not to copy, modify, create a derivative work or, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by DatumXpress.
VII. DMCA Policy
This Digital Millennium Copyright Act policy (“Policy”) applies to the DatumXpress.com website (“Website”), “DatumXpress” mobile application (“Mobile Application”)and any of their related products and services (collectively, “Services”) and outlines how DatumXpress, LLC (doing business as “DatumXpress”, “we”, “us” or“our”). addresses copyright infringement notifications and how you (“you” or“your”) may submit a copyright infringement complaint.
Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.
What to consider before submitting a copyright complaint:
Please note that if you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
The DMCA requires you to provide your personal information in the copyright infringement notification. If you are concerned about the privacy of your personal information, you may wish to hire an agent to report infringing material for you.
Notifications of infringement:
Copyrighted material must not be published via the Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we may, at our discretion, run an investigation and, upon confirmation, may remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Services, please get in touch with us to report copyright infringement.
If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification (“Notification”) using the contact details below pursuant to the DMCA by providing us with the following information:
· Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
· Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law
· A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your Notification.
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material.
If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access.
Not withstanding anything to the contrary contained in any portion of this Policy, DatumXpress reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications. The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.
If you would like to notify us of the infringing material or activity, we encourage you to contact us using the details below: info@DatumXpress.com
VIII. Limitation of Liability
You acknowledge and agree that DatumXpress, its affiliates, directors, officers, employees, agents, suppliers or licenses will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such third party.These includes any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity)however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of DatumXpress and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to DatumXpress for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
It is the responsibility of each user for the entirety of their actions on the website and when using the Service. In no event will the Company be liable for damages, losses, or any harm as a result of using the Service or any integrations with third parties available via theService. This includes, but is not limited to, any indirect, special, incidental, exemplary, or consequential damages arising from your use of the Service or any third parr’s use of the Service. These exclusions also include, without limitation damages for lost profits, lost data, computer failure.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
IX. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
A. Agreement to Arbitrate:
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and DatumXpress, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, thisArbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and DatumXpress are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. TheFederal Arbitration Act governs the interpretation and enforcement of thisArbitration Agreement.
B. Prohibition of Class and Representative Actions and Non-IndividualizedRelief
YOU AND DATUMXPRESS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOUAND DATUMXPRESS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANYF ORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
C. Pre-Arbitration Dispute Resolution
DatumXpress is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@DatumXpress.comIf such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute(“Notice”). The Notice to DatumXpress should be sent to support@DatumXpress.com (“NoticeAddress”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If DatumXpress and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or DatumXpress may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DatumXpress or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DatumXpress is entitled.
D. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with theAmerican Arbitration Association’s (“AAA”) rules and procedures, including theAAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer dispute scan be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent ArbitrationAgreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless DatumXpress and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, DatumXpress agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAARules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
E. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, DatumXpress will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of theArbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, DatumXpresswill pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, DatumXpress will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAARules.
F. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
G. Severability
If a court or the arbitrator decides that any term or provision of thisArbitration Agreement (other than the subsection (b) titled “Prohibition ofClass and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If acourt or the arbitrator decides that any of the provisions of subsection (b)above titled “Prohibition of Class and Representative Actions andNon-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for publicinjunctive relief. The remainder of the Terms of Service will continue toapply.
H. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, DatumXpress agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending DatumXpress written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this ArbitrationAgreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
X. User Disputes
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Wyoming,United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Wyoming, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United NationsConvention on Contracts for the International Sale of Goods does not apply to this Agreement.
XI. Notice to California Users
Under California CivilCode Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of theDivision of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112,Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at by email at info@DatumXpress.com.
XII. Privacy Policy
At DatumXpress, we respect your privacy. For more information on how we protect consumer data, please visit our Privacy Policy. By using this Service, you consent and agree to our collection and use of personal data as outlined in the policy.
XIII. General
Assignment:
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or aspart of a merger.
Severability:
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Changes and Amendments:
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of thisAgreement will be effective immediately upon the posting of the revisedAgreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Reporting Violations:
If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you withfull assistance.
Acceptance of these Terms:
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
Questions?
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
info@datumexpress.com
This document was last updated on June 28, 2023.
