MxToolBox Terms of Use

The following Terms of Use (these "Terms") govern your access to and use the www.mxtoolbox.com and related services, content, or functionality offered on or through www.mxtoolbox.com(the "Website") provided by MxToolbox, Inc. ("MxToolbox" or "we," "us" or "our"). By accessing or using the Website, you signify you have read, agree to comply with, and be legally bound by: (1) these Terms; and (2) any additional terms and conditions, agreements, and policies published by MxToolbox or otherwise made available or agreed to by you that are applicable to your access to or use of the Website (collectively, with these Terms, the "Service Agreements"). If you are agreeing to these Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity to these Terms.

REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT ELIGIBLE TO ACCESS OR USE THE WEBSITE (IN WHOLE OR IN PART). FURTHER, IF YOU ARE NOT ELIGIBLE TO ACCESS AND USE THE WEBSITE PURSUANT TO ANY OF THE OTHER SERVICE AGREEMENTS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE AS EXPLAINED IN THOSE OTHER SERVICE AGREEMENTS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU ACCESS OR USE THE WEBSITE.

1. Elegibility. By using the Website, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you are at least 13 years of age and have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf. If you violate or do not agree to these Terms, then your access to and use of the Website is unauthorized.
2. Updates to the Terms. We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Website. Any such changes will not apply to any dispute between you and MxToolbox arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check www.mxtoolbox.com for any updated Terms. In addition, by continuing to use or access the Website or otherwise engaging with MxToolbox after we post any changes, you accept the updated Terms. The "Last Updated" legend above indicates when these Terms of Use were last changed.
3. Accounts and Registration.You must set up a user account to use certain features of the Website ("Account"). You will need to provide a password, username, and other information such as your name and email address to set up the Account. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Website that occurs under your Account, including, but not limited to, use of the Website by any person who uses your Account, with or without authorization. You agree to notify MxToolbox immediately of any unauthorized use or any other breach of security on your Account. MxToolbox will not be liable for losses incurred as a result of an unauthorized use of a password or account. Our practices concerning our collection, use, storage, and disclosure of Personal Data submitted through the Website are described in MxToolbox’s Privacy Policy.
4. End Users. You acknowledge and agree that, as applicable and appropriate, as used in these Terms, references to your access to and use of the Website shall include, without limitation, your end users that access the Website. Without limiting anything set forth in the Service Agreements, You agree that you will be solely responsible for and be solely liable for any claims made by your end users arising out of or in connection with their access to and use of the Website.
5. Restrictions on Use.
   1. General restrictions. You may only use the Website for lawful purposes and in accordance with these Terms. You agree that you will follow the restrictions set out below and will not encourage or facilitate others to violate these restrictions.
      1. You may not use the Website in any way that infringes the intellectual property rights or other right of MxToolbox or any third-party.
      2. You may not use the Website in any way that violates any applicable law, self-regulatory rules, industry rules, or governmental regulations.
      3. You may not attempt to compromise the integrity or security of the Website.
      4. You may not tamper with, obscure or disable any element of the Website or any materials on or associated with the Website.
      5. You may not post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
      6. You may not submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation.
      7. You may not engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website.
      8. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user.
      9. You may not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive, or false source-identifying information.
      10. You may not use any robots, spiders, scrapers or any other automated means to access the Website for any purpose.
      11. You may not attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Website.
      12. You may not edit, alter, or modify the Website in any way.
      13. You may not copy, publish, resell, offer for sale, redistribute, display, lend, share, or reverse engineer the Website.
   2. Spam.Neither we nor our users tolerate spam. You cannot add contacts to your mailing list (email or physical mail) without their express consent. To report spam or spoof emails to us, please forward the email to legal@mxtoolbox.com. You may not use our communication tools to send spam or otherwise send content that would violate the applicable Service Agreements. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email through your use of the Website to an email address that is not registered in our community, we do not permanently store that email or use that email address
   3. SMTP and Socket Connection Attempts. he signature of some of the tests available through the Website, such as the SMTP diagnostic test, look similar to open relay scans that a spammer might perform. Other tests, such as TCP and HTTP(S) tests, have similar markers. You agree that you will only run these tests against servers that you are responsible for and that you are authorized to run these tests against those servers. If you would like us to put your server in our "exclude" list, please contact us at abuse@mxtoolbox.com with your contact information, organization name, and the IP address of your mail server. Please note, any user attempting to run a diagnostic on an excluded server will be informed that the owner of the system does not wish it to be tested.
   4. Third Party Lists and Databases. From time to time, in connection with certain services, features, and functionalities available through the Website, we reference lists and databases maintained by unrelated third parties and may provide you with the ability to look up information from openly available third party databases using standard open query protocols ("Queries"), which may include, without limitation, DNS, WHOIS, and Rsync. Please note, we do not "screen scrape" any third party websites for information and only use open query protocols designed to allow automatic and programmatic access to third party database information. WE DO NOT REFER NAMES OR IP ADDRESSES TO THIRD PARTY BLACKLISTS OR BLOCKLISTS. WE PROVIDE A SERVICE THAT INFORMS USERS IF THEY HAVE BEEN INCLUDED ON THE LISTS OF THIRD PARTIES TO ENABLE USERS TO WORK WITH SUCH THIRD PARTIES TO REMEDY THE SITUATION. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES, INCLUDING ANY HARM TO YOU OR YOUR ORGANIZATION ARISING OUT OF YOUR INCLUSION ON ANY BLOCKLIST OR BLACKLIST MAINTAINED BY ANY THIRD PARTY. If you have additional questions about how our blacklist notification service operations, please contact us by reviewing the information available on our Support and Frequently Asked Questions page or submitting a Request Form.
6. Intellectual Property.MxToolbox retains all right, title, and interest in and to the Website, including, without limitation, all related intellectual property rights unless explicitly stated otherwise in the applicable Service Agreements. You do not acquire any rights, express or implied, in the foregoing other than those specified in these Terms.
7. Trademarks. MxToolbox’s name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of MxToolbox or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
8. MxToolbox’s Rights. MxToolbox has the right, but not the obligation, to take any of the following actions in its sole discretion without providing any prior notice to you and without liability to you or any third party:
   1. change or terminate all or any part of the Website;
   2. restrict, suspend, or terminate your access to or use of all or any part of the Website;
   3. refuse, move, or remove anything that is available through the Website; or
   4. deny access to or use of the Website to anyone at any time in MxToolbox’s sole and absolute discretion.
   5. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
9. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Disclaimer of all Warranties. In addition to, and not in lieu of, any warranty disclaimers set forth in any applicable Service Agreement:
    1. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MXTOOLBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE COMPRISING ANY PORTION OF THE WEBSITE), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RESULTS ARISING FROM THE ACCESS TO OR USE OF THE WEBSITE OR THAT THE WEBSITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE.
    2. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, OR TECHNICAL FAILURE OR DISRUPTION OF THE WEBSITE AND/OR TELECOMMUNICATIONS INFRASTRUCTURE USED TO OPERATE THE WEBSITE, AND, THEREFORE, MXTOOLBOX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE WEBSITE CAUSED BY SUCH FACTORS.
    3. MXTOOLBOX IS NOT RESPONSIBLE OR LIABLE FOR, NOR DOES MXTOOLBOX REPRESENT OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE OR SOFTWARE USED TO ACCESS OR USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR APPLICATION OR ANY WEB BROWSER, OR THE CONTINUING COMPATIBILITY OF ANY DEVICE OR SOFTWARE WITH THE WEBSITE.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
11. Use of Website at Your Sole Risk. YOUR ACCESS TO AND USE OF THE WEBSITE, DOWNLOAD OF ANY SOFTWARE RELATING TO THE WEBSITE AND USE OF ANY INFORMATION MXTOOLBOX MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE IS AT YOUR SOLE OPTION, DISCRETION AND RISK. MXTOOLBOX SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE WEBSITE OR ANY SOFTWARE COMPRISING ANY PORTION OF THE WEBSITE, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR APPLICATION, SOFTWARE, COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR ANY OTHER EQUIPMENT YOU USE TO ACCESS OR USE THE WEBSITE. FURTHERMORE, MXTOOLBOX SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO ACCESS OR USE THE WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY MXTOOLBOX. MXTOOLBOX IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
12. Your Liability.
    1. YOU AGREE THAT YOU WILL ONLY ACCESS AND USE THE WEBSITE IN ACCORDANCE WITH THE APPLICABLE SERVICE AGREEMENTS. YOU WILL COMPENSATE MXTOOLBOX IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) FOR WHICH MXTOOLBOX (OR ANY OF MXTOOLBOX’S SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THE APPLICABLE SERVICE AGREEMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MXTOOLBOX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (THE "RELEASED PARTIES") HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE APPLICABLE SERVICE AGREEMENTS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
    2. The Released Parties reserve the right to seek all remedies available at law and in equity for your violation of the applicable Service Agreements, including, without limitation, the right to block access from a particular Internet address to the Website and report misuses to law enforcement.
13. Limitation of Liability.
    1. EXCEPT AS OTHERWISE SET FORTH IN THE APPLICABLE SERVICE AGREEMENTS AND WITHOUT LIMITING ANYTHING SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTY’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF THE WEBSITE SHALL BE $100.
    2. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE WEBSITE.
    3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MXTOOLBOX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. Dispute Resolution.
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
    1. Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING THE WEBSITE, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IF THE FOREGOING CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AND MXTOOLBOX EACH AGREE NOT TO SEEK, AND WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE, OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.
    2. Agreement to Arbitrate.
       1. YOU AND MXTOOLBOX AGREE THAT, EXCEPT AS PROVIDED IN SECTION 14.b(2) BELOW OR IF YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 14.d BELOW, ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE WEBSITE SHALL BE FINALLY SETTLED AND RESOLVED TROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
       2. NOTWITHSTANDING SECTION 14.b(1), YOU AND MXTOOLBOX AGREE THAT THE FOLLOWING DISPUTES ARE NOT SUBJECT TO BINDING ARBITRATION: (i) ANY DISPUTES SEEKING TO ENFORCE OR PROTECT, OR CONCERNING THE VALIDITY OF, ANY OF YOUR OR MXTOOLBOX’S INTELLECTUAL PROPERTY RIGHTS; (ii) ANY DISPUTE RELATED TO, OR ARISING FROM, ALLEGATIONS OF THEFT, PIRACY, INVASION OF PRIVACY, OR UNAUTHORIZED USE; AND (iii) ANY CLAIM FOR INJUNCTIVE RELIEF. IF THIS SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE THEN NEITHER YOU NOR MXTOOLBOX WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS SECTION FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION BELOW, AND YOU AND MXTOOLBOX AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
       3. THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 ("FAA"), AND NOT BY STATE LAW.
       4. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.
       5. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS MODIFIED BY THIS SECTION.
       6. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD IS SOUGHT IS $10,000 OR LESS: (i) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (ii) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES AND THE HEARING (IF ANY) WILL TAKE PLACE IN AUSTIN, TEXAS.
       7. THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT TO ARBITRATE. YOU AND MXTOOLBOX ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (i) THERE SHALL BE NO PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (ii) ALL DAMAGES, CLAIMS, AND AWARDS WILL BE GOVERNED BY TEXAS LAW; (iii) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEY FEES. IF YOU PROVE THAT YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY, INDIVIDUALLY AND AS A GROUP, TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.
       8. THE ARBITRATOR SHALL NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
       9. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
       10. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
       11. EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 14.d, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF YOUR ACCESS TO OUR USE OF THE WEBSITE AND YOUR RELATIONSHIP WITH THE RELEASED PARTIES.
       12. EXCEPT FOR THE TYPES OF DISPUTES DESCRIBED IN SECTION 14.b(2) ABOVE, ALL OTHER CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (I.E., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR.
    3. Information About Arbitration. Information on AAA and how to start arbitration can be found at https://adr.org. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You will not be able to have a court or jury trial or participate in a class action nor class arbitration. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND THAT ANY DISPUTE WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING.
    4. Opt-Out of Agreement to Arbitrate. If you wish to opt-out of the agreement to arbitrate, within 45 days of the effective date of these terms or when you first access or use the Website, whichever is later, you must send us a letter stating: "Request to Opt-Out of Agreement to Arbitrate" to:

       MxToolbox Inc.
       12710 Research Blvd. Suite 225
       Austin, TX 78759

    5. Venue for Litigation. If the agreement to arbitrate in Section 14.b above is found unenforceable or to not apply for a given dispute, or if you opt-out of the agreement to arbitrate in accordance with Section 14.e, then, unless prohibited by applicable law, the proceedings must be brought exclusively in the United States District Court for the Western District of Texas or the courts of the State of Texas located in Travis County, Texas, as appropriate. You also therefore agree to submit to the personal jurisdiction of each of these courts for the purposes of litigating such claims or disputes and you hereby waive your right to a jury trial, waive your right to initiate or participate in a class or collective action, and agree to remain bound by any and all limitations of liability and damages included in these Terms.
    6. Prevailing Party. In any arbitration proceeding or litigation, as applicable, between you and the Released Parties in connection with the Terms, your access to or use of the Website, or your dealings with the Released Parties in connection therewith, the prevailing party will be entitled to receive from the other party, in addition to all other damages to which it may be entitled, the costs incurred by such the prevailing party in conducting such arbitration or litigation, as applicable, including, without limitation, reasonable attorneys’ fees, expenses, and court costs.
15. General Provisions.
    1. Electronic Communications. The communications between you and MxToolbox use electronic means. For contractual purposes, you: (1) consent to receive communications from MxToolbox in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MxToolbox provides to you electronically, including, but not limited to, the Service Agreements, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    2. Severability. If any provision or part of a provision of these Terms should be held invalid or unenforceable for any reason, such invalidity or enforceability shall not affect or render invalid or unenforceable the remaining provisions of these Terms and the application of that provision shall be enforced to the extent permitted by law.
    3. No Waiver. The failure or delay by MxToolbox to exercise or enforce any right or provision of these Terms or rights under applicable law shall not constitute a waiver of any such provisions or rights.
    4. Assignment. You may not assign any of your rights or delegate any of your duties under these Terms, in whole or in part, to any person or entity. MxToolbox may assign, delegate, or novate its rights or duties in these Terms to any third party without restriction.
    5. Cumulative Rights. The rights and remedies granted to you and MxToolbox in these Terms are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity.
    6. Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    7. Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
    8. Governing Law. These Terms shall be construed and enforced exclusively under the laws of the State of Texas, without reference to its choice of law rules.
    9. Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity, limitations of liability, and dispute resolution shall survive the termination or cancellation of these Terms.
16. Contact
    

    If you have any questions concerning these Terms, please contact MxToolbox at legal@mxtoolbox.com.