Suggestion Mailbox Terms of Service
Welcome to Suggestion MailBox, also known by the acronym, SMB! We are a subscription service that provides our members with access to suggestions from mobile users from anywhere, at any time; who are using the SMB App over Internet-connected smart phones, tablets, computers and other devices ("Suggestion MailBox ready devices").
These Terms of Service govern your use of our service. As used in these Terms of Service, "Suggestion MailBox service," "our service" or "the service" means the service provided by Suggestion MailBox for discovering businesses and submitting suggestions to them to improve any facet of the business, including revolutionary business strategies, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with SMB. (except for matters that may be taken to small claims court).
Please note that these Terms of Service include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Service through certain Suggestion MailBox ready devices, you should visit our web site to be certain of being exposed to the correct terms.
1. Acceptance of Terms of Service
a. These Terms of Service, govern your use of the Suggestion MailBox service. By using, visiting, or browsing the Suggestion MailBox service, you accept and agree to these Terms of Service. If you do not agree to these Terms of Service, do not use the Suggestion MailBox service.
b. The Suggestion MailBox service is provided by App Makers, LLC a USA company.
4. Communication Preferences. By using the Suggestion MailBox service, you consent to receiving electronic communications from Suggestion MailBox relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Suggestion MailBox service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Suggestion MailBox. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Suggestion MailBox features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Sign-In " link to manage your Suggestion MailBox account.
5. Membership, Free Trials, Billing, Advertisement Support, and Cancellation
i. Ongoing Membership. Your Suggestion MailBox membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Suggestion MailBox service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Suggestion MailBox by visiting our website and clicking on the "Your Account" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
b. Free Trials
i. Your Suggestion MailBox membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Suggestion MailBox reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "Sign-In" link to manage your account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
i. Recurring Billing. By starting your Suggestion MailBox membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Suggestion MailBox service to your Payment Method.
ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.
iii. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Suggestion MailBox membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by visiting our website and signing in to your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
d. Advertisement Support
As a member of Suggestion MailBox, you agree to support the proliferation of the Suggestion MailBox App by placing in prominent visual places within your business location (s) advertisement materials supplied by Suggestion Mailbox. The motivation is that the more of your customers who have the SMB App, the more likely you are to receive suggestions that are valuable to your business. As Suggestion MailBox’s mission is to help you improve your business, promoting advertisements for Suggestion Mail Box is good business. Our customer service team will work with your Account Owner/Point-of-Contact to determine the most appropriate form(s) of advertisement for your place(s) of business.
You may cancel your Suggestion MailBox membership at any time, and you will continue to have access to the Suggestion MailBox service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP . To cancel, go to the "Sign-In" page on our website and follow the instructions for cancellation.
6. Suggestion MailBox Service
a. You must be 18 years of age to become a member of the Suggestion MailBox service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Service.
b. The Suggestion MailBox service and any content viewed through our service, are for your businesses’s use only.
c. You will receive suggestions through the Suggestion MailBox service for those business locations where we have been contracted to offer our service by your membership application and acceptance for each of your business locations.
d. Suggestion MailBox provides the means for you to promote the submission of ideas/suggestions for your businesses by your independently modifying your suggestion pages that appear on end-user mobile devices. These promotions are entirely in your discretion and control and Suggestion MailBox remains separate from and non-liable for any content or consequences in connection with these promotions.
e. We continually update the Suggestion MailBox service to improve our service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
f. You agree to use the Suggestion MailBox service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for business use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the Suggestion MailBox service without express written permission from Suggestion MailBox. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Suggestion MailBox service; use any robot, spider, scraper or other automated means to access the Suggestion MailBox service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Suggestion MailBox service; insert any code or product or manipulate the content of the Suggestion MailBox service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Suggestion MailBox service, including any software viruses or any other computer code, files or programs..
g. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service.
7. Passwords & Account Access
a. The member who created the Suggestion MailBox account and whose Payment Method is charged is referred to here as the Account Owner and/or Point of Contact (POC). The Account Owner has access and control over the Suggestion MailBox account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Suggestion MailBox Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. BY SHARING THE SUGGESTION MAILBOX SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT OTHER BUSINESS EMPLOYEES AND CONTRACTORS COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THESE OTHER EMPLOYEES AND CONTRACTORS.
c. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Suggestion MailBox website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Suggestion MailBox reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Suggestion MailBox is not obligated to credit or discount a membership for holds placed on the account by either a representative of Suggestion MailBox or by the automated processes of Suggestion MailBox
8. Disclaimers of Warranties and Limitations on Liability
a. THE SUGGESTION MAILBOX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SUGGESTION MAILBOX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SUGGESTION MAILBOX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SUGGESTION MAILBOX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SUGGESTION MAILBOX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SUGGESTION MAILBOX READY DEVICES, AND SUGGESTION MAILBOX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Suggestion MailBox, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
d. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9. Intellectual Property
a. Copyright. The Suggestion MailBox service, including all content provided on the Suggestion MailBox service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
b. Trademarks. Suggestion MailBox is a registered trademark of Suggestion MailBox, Inc.
c. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Suggestion MailBox service, please notify us.
11. Governing Law
a. For all Suggestion MailBox members, these Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A. without regard to conflict of laws provisions.
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
11. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that purportedly interact with the Suggestion MailBox service. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, WITH, OR SPONSORED BY SUGGESTION MAILBOX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE. USE OF AN APPLICATION SUCH AS THIS IS AT YOUR OWN OPTION AND RISK.
12. Use of Information Submitted. Suggestion MailBox is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Suggestion MailBox service, including the Suggestion MailBox website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Suggestion MailBox service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Suggestion MailBox does not accept unsolicited materials or ideas and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Suggestion MailBox. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Suggestion MailBox and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
13. Customer Support. If you need assistance with your account, please contact one of our customer service representatives; our Contact page (www.suggestionmailbox.com/contact) has phone numbers and email addresses for your use.
14. Arbitration Agreement
a. If you are a Suggestion MailBox member in the United States (including its possessions and territories), you and Suggestion MailBox agree that any dispute, claim or controversy arising out of or relating in any way to the Suggestion MailBox service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Suggestion MailBox are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Suggestion MailBox membership.
b. If you elect to seek arbitration or file a small claim court action, you must first send to Suggestion MailBox, by certified mail, a written Notice of your claim ("Notice"). The Notice to Suggestion MailBox must be addressed to: General Counsel, App Makers, LLC, 1116 Lusters Gate Rd, Blacksburg, VA 24060 ("Notice Address"). If Suggestion MailBox initiates arbitration, it will send a written Notice to the address used for the Account Owner/Point of Contact of your membership account. A Notice, whether sent by you or by Suggestion MailBox, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Suggestion MailBox and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Suggestion MailBox may commence an arbitration proceeding or file a claim in small claims court.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Suggestion MailBox and you agree otherwise, any arbitration hearings will take place in the county of Montgomery, Virginia.
d. YOU AND SUGGESTION MAILBOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Suggestion MailBox agree otherwise, the arbitrator may not consolidate more than one party’s or one business’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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.
Last updated: September 26, 2015