Notify service terms of service
Last updated: March 18, 2026
PLEASE READ THESE NOTIFY TERMS OF SERVICE CAREFULLY BEFORE PARTICIPATING IN THE NOTIFY SERVICE. PARTICIPATION IN THIS SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THESE TERMS.
Overview
You are reading the Sticker Mule Notify Terms of Service (these "Notify Terms") because you want to participate in Sticker Mule's Notify service (the "Notify Service"), offered on the website https://www.stickermule.com/notify (the "Website"). As used in these Terms, "you" and "your" refer to any person or entity that accesses or uses the Notify Service (each, a "User" and collectively, "Users"). An individual who is a recipient of User's communications sent using the Notify Service is a "Recipient."
The Notify Service means Sticker Mule's facilitation of the following: email and text message campaigns to Recipients with content provided by User for this purpose ("Notify Communications"), and associated analytics services about the communications sent to Recipients and their responses to the communications.
You may access the Notify Service through a computer, mobile phone, tablet, console, or other technology (each, a "Device"). Your carrier's normal rates and fees may apply to your use of a Device.
Binding agreement
By accessing or using the Notify Service, you are bound by these Terms and indicate your agreement to them. The Notify Service is administered by Sticker Mule. All of Sticker Mule's decisions with respect to the Notify Service are final and binding.
Our terms may change
We may update these Terms from time to time. If we make a material change, we will post a notice on the Website. Please read any changes carefully. If you do not agree to the updated Terms, you must stop accessing or using the Notify Service. If you continue accessing or using the Notify Service after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. Some jurisdictions do not permit unilateral updates or changes to terms, so this paragraph may not apply to you.
Additional terms
These Terms are subject to additional terms and conditions set forth in the General Terms, the Privacy Policy, and the Data Privacy Agreement (collectively, the "Additional Terms"). The Additional Terms are incorporated into these Terms by reference. If there is any conflict between these Terms and the applicable Additional Terms, these Terms will govern your participation and use of the Notify Service.
Eligibility & accessibility
Eligibility & age requirements
To be eligible as a User of the Notify Service, you must:
- Create a Notify user account ("User Account").
- Be a legal resident of a participating country; and
- Be at least 18 years of age (or the legal age of majority in your jurisdiction).
The Notify Service is not directed to individuals under the age of 18. Sticker Mule does not knowingly collect or maintain information from children under the age of 18. If we learn that any personally identifiable information has been collected from a child under 18 without verified parental consent, we will delete that information in accordance with the Children's Online Privacy Protection Act of 1998 and our Privacy Policy.
Accessibility
We are committed to making the Website and Notify Service accessible to the widest possible audience, regardless of ability or technology, and are actively working to improve accessibility on an ongoing basis. We periodically review and test the Website to help ensure compatibility and functionality across different Devices, platforms, and screen sizes.
Our efforts are aimed at aligning the Website, where possible and reasonable, with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. For the best experience, we recommend using the latest version of a modern web browser, such as Google Chrome, Mozilla Firefox, Apple Safari, or Microsoft Edge. Please refer to your browser's documentation for information on accessibility settings and customization options.
While we strive to provide an accessible experience for all Users, we acknowledge that some limitations may exist. These limitations may arise from legacy content, factors beyond our control or knowledge, third-party integrations or content, or technical constraints.
If you encounter any difficulty viewing or navigating the Website, or wish to provide feedback about its accessibility, please email us at help@stickermule.com with "Notify Disabled Access" in the subject line and a description of the specific issue or suggested improvement. Alternatively, you may use our Email Us web form.
We value your input and will make reasonable efforts to address accessibility issues promptly. Any feedback you provide will be handled in accordance with our Privacy Policy and these Terms.
Your user account
You may create a User Account on our Website, by registering your name, providing certain information about yourself, and creating a password.
You represent that all information supplied by you in creating a User Account is true and accurate.
You are responsible for safeguarding the confidentiality of your username and password. You agree not to disclose this information to any third-party. You will immediately notify us of any unauthorized use of your User Account.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, STICKER MULE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DISCLOSURE, THEFT, OR UNAUTHORIZED USE BY THIRD PARTIES, FOR WHATEVER REASON, OF YOUR USERNAME OR PASSWORD.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS, INCLUDING, WITHOUT LIMITATION, ANY POSTING OF USER CONTENT (DEFINED BELOW).
How the Notify Service works
- Sign-Up: Follow these on-screen instructions to sign up for the Notify Service.
- License to Use the Notify Service: Sticker Mule grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Notify Service. Any violation of these Terms is grounds for immediate termination of this limited license and may result in legal action by Sticker Mule.
- Recipient Information: To use the Notify Service, you may provide Sticker Mule with Personal Information about one or more Recipients. "Personal Information" means any information that is reasonably identifiable to an individual or household and is subject to Privacy Laws. Sticker Mule will process this Recipient Personal Information in accordance with our Privacy Policy and the Data Privacy Agreement. By signing up for and using the Notify Service, you acknowledge and agree that you are the data controller with respect to the Recipient information you provide to Sticker Mule as your processor for this purpose, and that you have obtained all required consents and satisfied all other obligations under applicable law before Sticker Mule processes Recipient information on your behalf.
- Notify Communications: By submitting Recipient information to Sticker Mule, User instructs Sticker Mule to facilitate Notify Communications to User's list of individuals with whom User wishes to communicate. User represents that it has obtained the necessary consent or permission required under applicable law to send the Notify Communications to the Recipients. Sticker Mule will facilitate the Notify Communications in accordance with reasonable business practices.
- Opt-Out & Unsubscribe Requirements: You shall provide all Recipients a free, readily accessible process for "opting-out" or "unsubscribing" from receiving future Notify Communications. Every Notify Communication must contain an appropriate unsubscribe mechanism, including, as applicable, (i) an unsubscribe link in email messages, or (ii) the ability to respond to messages with STOP, QUIT, CANCEL, OPT-OUT, or similar terms (each, an "Opt-Out Request"). If you use a link, each link must remain operational for at least sixty (60) days after the date on which you send the Notify Communication.
- Duty to Monitor Opt-Out Requests: You shall monitor and process Opt-Out Requests and other unsubscribe requests received by you directly within ten (10) days of submission and update the email addresses to which Notify Communications are sent through your User Account. As a condition of honoring an unsubscribe request, you may not charge a fee or require a Recipient (i) to provide any personally identifying information beyond an email address, or (ii) to take any step other than sending a reply email or visiting a single page on an internet website.
- User Personal Information: To participate in the Notify Service, User may submit Personal Information about themselves ("User Personal Information"). The User Personal Information will be collected and used in accordance with Sticker Mule's Privacy Policy. Sticker Mule may utilize the User Personal Information to contact User with regards to their participation in the Notify Service and/or to send User additional communication from Sticker Mule. User understands that all User Personal Information submitted is not subject to the Data Privacy Terms, and with respect to such User Personal Information Sticker Mule and User are independent data controllers.
Rules of conduct
Your use of the Notify Service is conditioned on your compliance with the following rules of conduct. Sticker Mule reserves the right, in its sole discretion, to determine whether you are interacting with the Notify Service in accordance with these Terms.
You shall not (and shall not permit any third party to):
- Violate any law, rule, or regulation in connection with the Notify Service.
- Defame, abuse, stalk, harass, threaten, or otherwise harm any individual, entity, or property or violate the rights of others.
- Impersonate any person or entity, including, without limitation, any Sticker Mule employee, agent, or representative, or transmit any fraudulent, misleading, or inaccurate contact information.
- Disseminate or publish content that is unlawful, obscene, hateful, defamatory, illegitimate, or otherwise inappropriate.
- Create multiple, fictitious, or fake accounts.
- Collect, store, sell, harvest, or otherwise misuse personal data or personally identifiable information about any User, or about Sticker Mule's employees or representatives, or interfere with or violate any other User's right to privacy or other rights, except as expressly permitted under these Terms and applicable law.
- Express or imply that Sticker Mule endorses any statement you make.
- Attempt to gain unauthorized access to the Notify Service or any systems or networks connected to the Notify Service.
- Modify, adapt, translate, reverse engineer, decompile, tamper, or disassemble any portion of the Notify Service.
- Interfere with or disrupt the operation of the Notify Service, including by restricting or inhibiting any other person from using the Notify Service.
- Engage in spamming or unsolicited bulk communications.
- Except as expressly permitted in these Terms, copy, reproduce, broadcast, transmit, modify, abstract, create derivative works of, store, archive, aggregate, publicly display, redistribute, share, forward, license, sublicense, publish, sell or in any way commercially exploit any of the Notify Service contained within the Notify Service.
- Transmit or otherwise make available in connection with the Notify Service any virus, worm, Trojan horse, defects, root kit, or other harmful code.
- Use bots, scripts, or other automated means to participate in or obtain benefits from the Notify Service.
- Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access (including sharing of passwords and login information) to the Notify Service.
- Make your User Account for the Website available to other Users, including on a network or within an organization.
- Use the Notify Service to train large learning models or in connection with any artificial intelligence input or output service.
- Frame, mirror, in-line link to, harvest, spider, crawl, scrape, or index, all or any part of the Notify Service, including Sticker Mule's or any other party's intellectual property therein.
You understand and agree that these prohibitions are not exhaustive, and Sticker Mule may determine in its sole discretion whether particular conduct violates the spirit or intent of the Notify Service.
Legal and regulatory compliance
By using the Notify Service, User agrees to comply with all applicable laws, ordinances, rules, regulations, orders, and registration or licensing requirements, including, without limitation, those governing:
- Marketing and affiliate marketing emails and communications (including, without limitation, the Telephone Consumer Protection Act, the Telemarketing Sales Rules, and other federal and state laws governing contacting consumers by telephone or text message, and the CAN-SPAM Act of 2003, as well as other anti-spam laws);
- Privacy Laws (as defined in the Data Privacy Agreement);
- Anti-bribery and anti-corruption laws (such as the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, the Singapore Prevention of Corruption Act, the Mexico General Law on the National Anti-Corruption System, the Canadian Corruption of Foreign Officials Act, and other applicable laws); and
- Federal Trade Commission's "Guides Concerning the Use of Endorsements and Testimonials in Advertising," 16 C.F.R. § 255, including, without limitation, clearly disclosing any paid endorsements (e.g., "This is a paid endorsement" or "#paidad") when promoting your Store on social media or elsewhere. You are responsible for ensuring that your posts comply with the terms of use of each platform and all applicable laws.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE OR PROGRAM MAY VIOLATE CRIMINAL AND CIVIL LAWS. STICKER MULE RESERVES THE RIGHT TO SEEK REMEDIES, INCLUDING ATTORNEYS' FEES, TO THE FULLEST EXTENT OF THE LAW.
User's representations
You represent and warrant that you:
- Have complied with and continue to comply with all Privacy Laws (as defined in the Data Privacy Agreement) in connection with your use of the Notify Service and with Sticker Mule's processing of Personal Information.
- Have not submitted and will not submit to Sticker Mule any content as part of your use of the Notify Service that constitutes sensitive Personal Information (or similar terms as defined by Privacy Laws) of Recipients, such as health information, Social Security numbers, payment card or account information, or other such sensitive Recipient information.
- Are responsible for obtaining any and all consents, opt-ins and opt-outs required by Privacy Laws (as defined by the Data Privacy Agreement) to send Notify Communications.
- Shall use the Notify Service to send Notify Communications only to Recipients who (i) have and continue to knowingly consent or "opt-in" to receiving email or text messages, and (ii) have been informed of their rights to, and have been given, a free, readily accessible process for "opting-out" or "unsubscribing" from receiving future email or text messages, such as an Opt-Out Request.
- Shall immediately stop, and instruct Sticker Mule to stop, sending Notify Communications to a contact who has opted-out or unsubscribed from receiving Notify Communications and remove those individuals from all email and texting campaigns or lists.
- Are responsible for maintaining and honoring the Opt-Out Requests during your use of the Notify Service, and following termination of your User Account.
Intellectual property
You can interact with the Notify Service by submitting or transmitting text, photos, images, graphics, videos, comments, and/or other content, which we refer to as "User Content." When using User Content, the following terms describe the respective rights and responsibilities of you and Sticker Mule:
- License to Sticker Mule: You grant Sticker Mule a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, create derivative works of, display, and otherwise use your User Content in order to (a) provide the Notify Service, (b) develop service improvements, and (c) comply with any court order, legal process, law, regulation or any request from a governmental, regulatory or supervisory body. Sticker Mule may further use and disclose aggregated data that does not identify User or any natural person for our legitimate business purposes, including improvements to the Notify Service, product development, research and marketing.
- Templates and Layouts: While you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through the Notify Service, is not proprietary to you, and the rights to such template or layout will remain with us.
- Representations and Warranties: You represent that you: (i) own or otherwise possess all necessary rights with respect to the User Content, including any necessary consents, licenses, or permissions from any third parties whose personal data, name, likeness, image, or other indicia of identity are included in the User Content, (ii) that the User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or proprietary right of any third-party, and (iii) that the User Content is not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others, or otherwise objectionable.
- Published User Content: You understand that deleted User Content may persist on the Notify Service to the extent your User Content has been publicly posted.
- No Liability for User Content: You agree that Sticker Mule will not be liable for User Content.
- No Obligation to Monitor: Sticker Mule has no obligation to monitor User Content.
- Disclosure of User Content: Sticker Mule may disclose any User Content, and the circumstances surrounding the use thereof, to any third-party to provide the applicable products or services, to enforce these Terms, or to comply with legal obligations or governmental requests.
Purchases and payments
- Terms and Conditions of Sale: In connection with your use of the Notify Service, we will ask you to provide information applicable to your use, including, without limitation, Personal Information including payment information. Personal Information will be processed in accordance with our Privacy Policy and Data Privacy Agreement. All information that you provide to us and/or our third-party payment processor(s) must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO INITIATE ANY TRANSACTION, AND THAT STICKER MULE AND/OR ITS VENDORS MAY COLLECT PAYMENT FROM ANY PAYMENT METHOD YOU PROVIDE. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. We may require purchase verification before accepting any order. You are responsible for any costs that result from declined payments.
- No Availability: The inclusion of any products or services on our Website or the Notify Service at a particular time does not imply or warrant that these products or services will be available at any time.
- Reservation of Rights: We reserve the right, with or without prior notice: (i) to limit the available quantity of or discontinue any product or service; (ii) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; (iii) to bar any User from making any or all purchases; and/or (iv) to refuse to provide any User with any product or service.
- Limited Availability: We do not represent or warrant that the Notify Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Notify Service do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Notify Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Confidential information
While participating in the Notify Service, you may receive or become privy to confidential or proprietary information belonging to Sticker Mule or to other Users ("Confidential Information"). You agree to keep all Confidential Information in strict confidence, to use it only as necessary to participate in the Notify Service, and not to disclose it to any third party except as expressly permitted by Sticker Mule in writing.
Notwithstanding anything to the contrary in these Terms, you agree to keep confidential the names and contact information of any customers of Sticker Mule, and not to use such information for any purpose other than participating in the Notify Service.
Termination
- Your Right to Terminate: You may terminate your participation with the Notify Service at any time by contacting our customer support at help@stickermule.com. Upon any termination of your access to or use of the Notify Service, you remain responsible for all unpaid amounts related to the Notify Service.
- Sticker Mule Right to Remove: Sticker Mule may, in its sole discretion, filter, remove, refuse to use, or disable access to any User Content (including by suspending processing any order relating to such User Content) at any time and for any reason or no reason.
- Sticker Mule Right to Terminate: Sticker Mule may terminate or modify the Notify Service or any of our products or services at any time without notice. Sticker Mule may delete your User Account and User Content and restrict your use of all or any part of the Notify Service at any time and for any reason, without any liability to Sticker Mule, subject to applicable law.
- User Content May Survive: You understand and agree that your account username and some of your User Content may continue to appear publicly even after your User Account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law and our Privacy Policy. These Terms remain in effect even after your User Account with Sticker Mule is terminated and/or you have stopped using the Notify Service.
Warranty disclaimer
Sticker Mule reserves the right to cancel or suspend the Notify Service if it determines, in its sole discretion, that the administration, security, or fairness of the Notify Service has been compromised.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL SUPPLIER, NOT BY STICKER MULE. STICKER MULE DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE NOTIFY SERVICE IS FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
TO THE FULLEST EXTENT PERMITTED BY LAW, STICKER MULE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE NOTIFY SERVICE AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN, PURCHASE, OR ACCESS THROUGH THE NOTIFY SERVICE, OR VIA ASSOCIATED THIRD-PARTY LINKS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
STICKER MULE PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE NOTIFY SERVICE WITHOUT NOTICE. STICKER MULE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE NOTIFY SERVICE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, STICKER MULE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED USING ITS NOTIFY SERVICE. NOTHING CONTAINED ON THIS WEBSITE OR OUR SOCIAL MEDIA SHALL BE INTERPRETED AS ADVISING YOU OR AS PROFESSIONAL ADVICE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
You are solely responsible for any damage to your Device resulting from accessing or using the Notify Service, to the extent applicable law does not provide otherwise.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state or country of residence. Certain jurisdictions have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state or country of residence. In any event, Sticker Mule reserves all rights, defenses and permissible limitations under the law of your state or country of residence.
We hope you enjoy and get the full benefit of the Notify Service; however, we do not guarantee any results.
Indemnification & release
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Sticker Mule, its officers, members, directors, employees, independent contractors, administrators, stockholders, parent entities, sister entities, subsidiary entities, divisions, partners, partnerships, commonly controlled operations, affiliates, attorneys, insurers, accountants, receivers, advisors, consultants, reinsurers, third-party administrators, web developers, agents, representatives, licensors, and suppliers (the "Sticker Mule Parties") from and against all claims, losses, liabilities, expenses, damages, statutory damages, and costs, including, without limitation, attorneys' fees, arising from or relating in any way to (i) User Content, (ii) your use of the Notify Service, (iii) your conduct in connection with the Notify Service or with other Users, or any violation of these Terms, any law, or the rights of any third party, and (iv) your participation in any Sticker Mule activities or events.
To the extent that Sticker Mule receives any notice that your conduct violates any of the rights of a third party, or any applicable laws, Sticker Mule has the right to be defended and indemnified by you in connection with any response to such a notice, including for the costs of preparing such a response.
You, for yourself and on behalf of your heirs, agents, estate, successors, and assigns, hereby fully and forever, to the maximum extent permitted by applicable law, release and discharge the Sticker Mule Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Notify Service.
Limitation of liability
Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, or remedies, so these exclusions/limitations may not apply to you. To the extent they do apply to you, THE STICKER MULE PARTIES SHALL NOT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM, OR ARE DIRECTLY OR INDIRECTLY RELATED TO (i) THE USE OF, OR THE INABILITY TO USE, THE SERVICE, (ii) ATTENDANCE AT, OR PARTICIPATION IN, A STICKER MULE ACTIVITY OR EVENT, (iii) THE CONDUCT OF OTHER USERS OF THE SERVICE (WHETHER ONLINE OR OFFLINE), (iv) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STICKER MULE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICE; (v) ANY ACTION TAKEN BY COPYRIGHT OWNERS OR OWNERS OF OTHER INTELLECTUAL PROPERTY RIGHTS AGAINST YOUR USER CONTENT; OR (vi) ANY ERRORS OR OMISSIONS IN THE SERVICE, EVEN IF FORESEEABLE OR IF STICKER MULE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT SHALL YOU BE ENTITLED TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE TERMS OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR ONLY REMEDY AGAINST STICKER MULE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE IS TO STOP USING THE SERVICE. IF STICKER MULE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, STICKER MULE'S LIABILITY SHALL NOT EXCEED $100.00 USD. ANY CLAIMS MADE AGAINST STICKER MULE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL OF THE CLAIM.
EACH USER WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." EACH USER REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
Disputes and governing law
- ALL CLAIMS AND CONTROVERSIES RELATING IN ANY WAY TO YOUR USE OF THE SERVICE SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION, UNLESS OTHERWISE REQUIRED BY LAW. THESE TERMS AND THE SERVICE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES, OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK (OR VIRTUALLY AT STICKER MULE'S DISCRETION). YOU CONSENT TO WAIVE ALL DEFENSES OF "LACK OF PERSONAL JURISDICTION" AND "INCONVENIENT FORUM" WITH RESPECT TO THE VENUE AND JURISDICTION IN THE FORUM ARTICULATED ABOVE.
- YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- YOU WAIVE THE RIGHT TO A TRIAL BY JURY.
General provisions
- Enforcement: Sticker Mule may investigate any reported, alleged or suspected violation of these Terms, and take any action that Sticker Mule, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a User's access to the Notify Service, or complete termination of such access, at any time. Sticker Mule reserves the right to bring suit for any violation of these Terms.
- Independent Contractor: The relationship between Sticker Mule and each User is that of independent contracting parties. Sticker Mule performs the Notify Service for Users as an independent contractor and not as an employee, agent, partner, joint venturer, franchisee, or representative of any User, and each User acts for itself and not as an employee, agent, partner, joint venturer, franchisee, or representative of Sticker Mule. Nothing in these Terms is intended to, or shall be deemed to, create a partnership, joint venture, agency, employment, franchise, fiduciary, or similar relationship between Sticker Mule and any User. Neither Sticker Mule nor any User has authority to bind the other in any way, and neither party will represent or hold itself out as having such authority.
- Electronic Communications: By using the Notify Service, you agree to receive certain electronic communications from Sticker Mule, subject to applicable law. You agree that any notice, agreement, disclosure, or other communication that Sticker Mule sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. You also agree that your electronic agreement is the same as your signature on paper.
- Assignment: Sticker Mule may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
- No Waiver: Sticker Mule's failure or delay in exercising any right or enforcing any provision of these Terms will not constitute a waiver of that right or provision. Sticker Mule may exercise or enforce any such right or provision at any time.
- Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Any provisions of these General Terms that by their nature should survive termination (including, without limitation, provisions regarding payment obligations, disclaimers, limitations of liability, and indemnification) will remain in full force and effect.
- Entire Agreement: These Terms constitute the entire agreement between Sticker Mule and you with respect to your use of the Notify Service, and supersede all prior and contemporaneous agreements, proposals, or understandings, whether written or oral, relating to your use of the Notify Service.
Notices
All notices pursuant to the Terms must be in writing and may be provided electronically. Notice must be made to Sticker Mule at:
Sticker Mule, LLC
C/O: David Traver
336 Forest Ave.
Amsterdam, NY 12010
dave@stickermule.com
with a copy to: help@stickermule.com