PRODUCTS + SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

CORRECTION OF ERRORS + INACCURACIES

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your VOXAPOD purchase and wish to return your VOXAPOD purchase item/s, please see our Return Policy.

TYPOGRAPHICAL ERROR

In the event a VOXAPOD product is listed at an incorrect price due to typographical error or systems error, VOXAPOD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. VOXAPOD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VOXAPOD shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by VOXAPOD without notice at any time for any reason. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

RISK OF LOSS

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

USE OF SITE

Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a VOXAPOD or other licensed employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VOX POD, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, VOXAPOD may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with VOXAPOD, VOXAPOD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VOXAPOD. VOXAPOD has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, VOXAPOD seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

NOTICE

VOXAPOD may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in VOXAPOD account information.

VOXAPOD®
MOBILE MESSAGE SERVICE TERMS + CONDITIONS

Last updated: January 19, 2022

The VOXAPOD® mobile message service (the "Service") is operated by [insert full Company Name] (“ [insert Company Name] ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to VOXAPOD’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of VOXAPOD through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with VOXAPOD. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. For US and Canada, text the single keyword command STOP to 8557342052. For the UK or Australia, click the unsubscribe link in any text message to cancel.  You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other VOXAPOD mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 8557342052 or emailhello@voxapod.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see ourPrivacy Notice.

PRE-ORDER

No Guaranteed Delivery Date.The date to deliver a pre-order sale is an estimate by VOXAPOD and there is no guarantee that fulfillment and delivery will be made by the estimated date. All pre-order sales will be delivered in the order that they are received upon completion of production. 

1. Refund. VOXAPOD has a money back guarantee at any time before the delivery of the product and up to 90 days after delivery of the good.

2. Credit Card Charges. When you pre-order on the VOXAPOD site, your card will be charged the amount of the sale after you confirm and submit your payment information.

3. Communications Between VOXAPOD and Customers. Once you have made a pre-order purchase on the VOXAPOD site, VOXAPOD may need to contact you to obtain additional information such as shipping address, specific preferences for a purchase (i.e. size), or may ask for your feedback on your purchase order. In some instances, to receive your order, you may need to provide the requested information within the requested time frame to receive your order, otherwise, it will not be fulfilled. VOXAPOD will not ask for information that is not required to fulfill an order.

4. Taxes. International VAT or GST taxes remain the responsibility of the purchaser in pre-orders or otherwise.

 

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VOXAPOD, Inc. Affiliate Agreement

Please read this Affiliate Agreement carefully before you join our Affiliate Program or begin marketing our Affiliate Program. By applying to be a VOXAPOD affiliate ("Affiliate"), you (a) agree to abide by these terms and conditions and ourPrivacy Policy if you are accepted into the Affiliate Program, (b) acknowledge and agree that these terms and conditions and our Privacy Policy constitute an agreement between us and you upon your acceptance into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents, and contractors comply) with the terms and conditions of this Agreement. This Agreement is written in plain language intentionally avoiding legalese to ensure that this Agreement may be clearly understood and followed by Affiliates.

DEFINITIONS

As used in this Agreement:

1. "VOXAPOD®", "we", "us" or "our" refers to VOXAPOD Inc and our website.
2. "you" or "your" refers to the Affiliate.
3. "our website" refers to the VOXAPOD properties located at http://www.voxapod.com/.
4. "your website" refers to any website, web pages, or other online services that you control and will link to our website.
5. "Program" and "Affiliate Program" refer to the VOXAPOD Affiliate Program.
6. "Products" refers to any products sold or distributed by VOXAPOD.
7. "Qualifying Purchases" refers to purchases made when all of the following requirements are made:
1. (i) a customer clicks through a special link on your website to our website; (ii) during a single session that the customer adds a Product to his/her shopping cart and places the order for that Product no later than 30 days following the customer’s initial click-through; and (iii) the purchased Product is paid for by the customer; or
8. "Trademarked Terms" refers to the VOXAPOD’s registered trademarks (VOXAPOD®, Made-to-move Technology™, VOXA POD®, VOXAPOD® Menstrual Cup)

PURPOSE

The purpose of this Program is to permit you to advertise Products on your website and to earn advertising commissions for Qualifying Purchases.

ENROLLMENT

After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. In order to be eligible for the Program, you must also agree to the Terms of Use of ShareASale, our payment processor for the Program.

Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Your inclusion of all of your websites that you plan to use in your profile will help us make a better decision.

COMMISSIONS

For more information on the commissions you may be eligible to earn for Qualifying Purchases, please review our Commission Guidelines outlined on ShareASale, which are incorporated by reference in their entirety in this Agreement.

RESPONSIBILITY FOR YOUR WEBSITE

You hereby represent and warrant that you will be solely responsible for your website, including its development, operation and maintenance and all data, content, and materials that appear on or within it. VOXAPOD will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs, and expenses relating to (a) your website or any data, content, or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.

TRANSACTION LOCK DATES

For the purposes of commission payments, all sales will remain in a "sales pending period" and will not lock until 60 days following the date of transaction ("lock date"). All commission payments will be sent via ShareASale on the 20th day of the calendar month following the lock date (e.g., when a transaction occurs on April 1st, it locks on May 31st, and the commission will be paid via ShareASale on June 20th).

WEBSITE RESTRICTIONS

Your participating website(s) may not:

1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2. Violate or be used to violate any law, rule or regulation.
3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to or may damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website.
6. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our website, user accounts, or the technology and equipment supporting our website.
7. Violate any of our policies.
8. Post non-VOXAPOD advertising or marketing links or content, except as specifically allowed by this Agreement.

LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the Affiliate interface. When linking to our website, you agree:

1. You will only use linking code obtained from the Affiliate interface without manipulation.
2. All domains that use your Affiliate link must be listed in your Affiliate profile, which can be found on the My Settings page in your ShareASale account.
3. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
4. You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
5. Your website may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

SUB-AFFILIATE NETWORKS

Promoting VOXAPOD through a sub-affiliate network is permitted, however, you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the VOXAPOD program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the VOXAPOD program.

Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

NO DECEPTIVE PRACTICES

If you engage in deceptive practices, such as redirecting links by sending users indirectly to our website via an intermediate site or website and without requiring a user to click on a link or take some other affirmative action on that intermediate site or website, we may in our sole discretion void your current and past commissions or set your commission level to 0%.This does not include using "out" redirects from the same domain where the Affiliate link is placed.

PAY PER CLICK GUIDELINES

When participating in Pay Per Click ("PPC") advertising, you must adhere to our PPC guidelines as follows:

1. You may not bid on any of our Trademarked Terms (which are identified below), including any variations or misspellings thereof, for search or content-based campaigns on advertising networks, search services, or similar services, including but not limited to Google, Bing, MSN or Yahoo.
2. You may not use our Trademarked Terms in sequence with any other keyword (i.e. VOXAPOD Coupons).
3. You may not use our Trademarked Terms in your ad title, ad copy, display name or as the display URL.
4. You may not directly link to our website from any PPC ad or use redirects that yield the same result. Visitors must be directed to an actual page on your website.
5. You may not bid in any manner appearing higher than VOXAPOD for any search term in position 1-5 in any auction-style PPC advertising program.

If you automate your PPC campaigns, it is your responsibility to exclude our Trademarked Terms from your program and we strongly suggest you add our Trademarked Terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding.You will forfeit, at minimum, all commissions from the past 30 days and your commission will be set to 0% without warning if you engage in PPC bidding that uses our Trademarked Terms. We reserve the right to add additional terms to our Trademarked Terms at any time, and this Agreement applies to the use of any such additional Trademarked Terms.

COUPON GUIDELINES

If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:

1. You may ONLY advertise coupon codes that are provided to you through the Affiliate Program or our Affiliate Network, (i.e. ShareASale) or that are displayed on our public website(s).
2. You may ONLY display coupons in their entirety with the full offer, valid expiration date and code.
3. You may NOT post any information about how to work around the terms and conditions of a coupon/promotion (e.g., describing how existing customers can qualify as a first-time customer to benefit from an offer to first-time customers only).
4. You may NOT use any technology or technique that conceals or obscures the coupon code such that only an Affiliate click will reveal the code(s).
5. You may NOT advertise coupon codes obtained from our non-Affiliate advertising materials, e-mail marketing materials, paid search campaigns, or any other marketing or campaign.
6. You may NOT give the appearance that any offer requires clicking from your website in order to redeem. For example, if all items over $35 on our website have free shipping, you may not turn this into an offer that implies that the customer must click from your website to get this deal.

If your website ranks on the first page of Google search results for Trademarked Terms combined with words such as coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate we offer in these situations is 2%.

COMPLIANCE WITH LAWS

In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise) that govern marketing e-mail, telephone calls and text messages.

FTC's ADVERTISING DISCLOSURE REQUIREMENTS

• Disclosures must be located as close as possible to the claims.
• Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., the disclosure should be visible before the jump).
• Pop-up disclosures are prohibited.

You shall comply with all FTC guidance and regulations related to advertising disclosure requirements. For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines atwww.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines atbusiness.ftc.gov/advertising-and-marketing/endorsements.

DOMAIN NAMES

Your use of any of our Trademarked Terms as part of the domain or sub-domain for your website is strictly prohibited e.g., voxapod.website.com or www.voxapod-coupons.com, etc.

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written or visual material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) and any applicable state laws.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of VOXAPOD.
3. As noted above, submit e-mail content to us for written approval in advance of distribution.

SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:

1. You ARE allowed to promote offers to your own lists; more specifically, you are welcome to use your Affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, "15% off sale at VOXAPOD through Wednesday with code VOXAPOD15."
2. You ARE PROHIBITED from posting your Affiliate links on VOXAPOD’s Facebook, Twitter, etc. company pages in an attempt to turn those links into Affiliate sales.
3. You ARE PROHIBITED from running advertisements on our social media platforms using the Trademarked Terms.

OPERATIONS OUTSIDE THE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.

REVERSAL & COMMUNICATION POLICY

VOXAPOD takes pride in its very low reversal rate, which we attribute to open communication with our Affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in this Agreement.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be connected to a violation of this Agreement, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

1. Your responses are intentionally vague, not forthcoming or are found to be untrue.
2. You are not responsive to our requests within a reasonable time period and after multiple attempts to contact you using the information listed in your network profile.
3. You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof.

If any of the above are applicable, we reserve theabsolute right to reverse orders, set your commission to 0%, suspend or terminate you from the Program for the period or orders in question. We know that many violations are a result of automated processes; however, it is required that each Affiliate monitor and pro-actively resolve any problems and adhere to our Program rules.

RELATIONSHIP OF PARTIES

As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program, in general, creates an agency, franchise, partnership, sales representative or employment relationship between you and VOXAPOD. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.

TERMINATION OR REVISION OF THE AFFILIATE PROGRAM

We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.

LIMITATION OF LIABILITY

YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any activity arising in connection with your use of our website or service offerings or that constitutes your breach of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding.

DISCLAIMERS

THE PROGRAM, OUR WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, VOXAPOD.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE TRADEMARKED TERMS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THIS AGREEMENT, PROGRAM CONTENT, OPERATIONAL DOCUMENTATION, OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.

ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL

You and VOXAPOD mutually agree to resolve any justiciable disputes between you and VOXAPOD, including any disputes involving your use of the Services, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to VOXAPOD Inc, 901 SW King Ave, #12D Portland, OR 97205, Attn: Legal Department.

Class Action Waiver. You and VOXAPOD mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action ("Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), except as follows:

• The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute.
• The arbitration shall take place in Portland, Oregon.
• Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that VOXAPOD shall pay all of the arbitrator’s fees and costs.
• The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
• Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration.
• The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
• The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
• Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered ineffectual.

Regardless of any other terms herein, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.

The JAMS Rules may be found at www.jamsadr.com or by searching for "JAMS Comprehensive Arbitration Rules and Procedures" using a service such as www.Google.com or www.Bing.com.

GOVERNING LAW

Other than the arbitration agreement provided herein, this Agreement shall be construed and governed by the laws of the State of California, without regard to principles of conflicts of laws. To the extent that any lawsuit is permitted under this Agreement, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state courts of Oregon for the County of Multnomah or the United States District Court of Portland, Oregon, if such court has subject matter jurisdiction. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

MISCELLANEOUS

VOXAPOD MAY UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY PUBLISHING A NEW VERSION ON OUR WEBSITE OR BY SENDING NOTICE OF ANY MODIFICATIONS TO YOU VIA EMAIL TO THE THEN EMAIL ADDRESS CURRENTLY ASSOCIATED WITH YOUR AFFILIATE ACCOUNT (AND SUCH CHANGE BY EMAIL WILL BE EFFECTIVE ON THE DATE SPECIFIED IN SUCH EMAIL AND WILL IN NO EVENT BE LESS THAN TWO DAYS AFTER THE DATE THE EMAIL IS SENT). BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY NOTIFYING VOXAPOD.

IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM TIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

NO WAIVER OF ANY PROVISION OF THIS AGREEMENT BY US SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH PROVISION OR ANY OTHER PROVISION, AND OUR FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND VOXAPOD WITH RESPECT TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ALL PRIOR WRITTEN AND ORAL AGREEMENTS, DISCUSSIONS OR REPRESENTATIONS BETWEEN US.