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Terms of Service

Effective Date: November 26, 2025

Important: Please read these Terms of Service carefully before using Is This A Scam?. By using our Service, you agree to be bound by these terms.

Table of Contents
  • 1. Acceptance of Terms
  • 2. Description of Service
    • 2.1 Service Features
    • 2.2 Service Limitations
    • 2.3 Automated Decision-Making and AI Processing
  • 3. User Accounts
    • 3.1 Account Creation
    • 3.2 Authentication
    • 3.3 Consent to Electronic Communications
  • 4. Subscriptions and Payments
  • 5. Group Membership
  • 6. Professional Consultation Services
  • 7. Acceptable Use
  • 8. Intellectual Property
    • 8.1 Our Intellectual Property
    • 8.2 User Content
    • 8.3 Third-Party Content in Submissions
    • 8.4 Analysis Reports
    • 8.5 Feedback and Suggestions
  • 9. Disclaimers and Limitations
  • 10. Indemnification
  • 11. Termination
    • 11.1 Termination by You
    • 11.2 Termination by Us
    • 11.3 Effect of Termination
    • 11.4 Survival
  • 12. Modifications to Service and Terms
  • 13. Governing Law and Disputes
    • 13.1 Governing Law
    • 13.2 Mandatory Pre-Arbitration Dispute Resolution
    • 13.3 Arbitration Agreement
    • 13.4 Mass Arbitration Procedures
    • 13.5 Class Action and Jury Waiver
    • 13.6 Opt-Out Right
    • 13.7 Severability of Dispute Provisions
  • 14. Miscellaneous
    • 14.1 Entire Agreement
    • 14.2 Severability
    • 14.3 Waiver
    • 14.4 Assignment
    • 14.5 Force Majeure
    • 14.6 Notices
    • 14.7 No Third-Party Beneficiaries
    • 14.8 Relationship of Parties
    • 14.9 Export Control and Sanctions Compliance
    • 14.10 Section Headings
    • 14.11 Compliance with Laws
  • 15. Contact Information

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and FortifiedWall LLC ("Company", "we", "us", or "our") governing your use of the Is This A Scam? service ("Service"), including the website at https://isthisascam.email, the dashboard at https://portal.isthisascam.email, and all related services.

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Is This A Scam? is an AI-powered scam detection service that analyzes suspicious content you send to us via email to identify potential scams, phishing attempts, and fraudulent content. Email serves as the transport: you send suspicious content - including but not limited to forwarded emails, text message screenshots, photos, images, QR codes, documents, PDFs, and voicemail transcripts or screenshots (audio files are not supported) - to our service for analysis.

The Service is currently offered only to users located in the United States. Access, billing, and payment are limited to US-issued payment methods and US billing addresses through our payment processor. If you are not located in the United States, you may not use the Service.

2.1 Service Features

  • Scam Analysis: Send suspicious content to [email protected] for AI-powered analysis. This includes forwarded emails, screenshots of text messages, photos, images, QR codes, documents, PDFs, voicemail transcripts or screenshots, and similar attachments. Audio files are not supported.
  • Scam Reports: Receive detailed reports identifying warning signs, risk assessments, and recommended actions.
  • Attachment Processing: Analysis of attachments including images, PDFs, QR codes, documents, and other media for scam indicators.
  • Dashboard Access: View analysis history and manage your account through our web portal.
  • Group Sharing: Share your subscription with up to 5 additional members.

2.2 Service Limitations

Important Disclaimer: Is This A Scam? is an informational tool and should not be the sole basis for making decisions about emails, financial transactions, or personal safety. Our analysis is provided for educational and informational purposes only.

  • Analysis results are AI-generated assessments and may not always be accurate.
  • We cannot guarantee detection of all scams or prevention of financial loss.
  • The Service does not provide legal, financial, or security advice.
  • Results should be considered alongside your own judgment and, when appropriate, professional consultation.

2.3 Automated Decision-Making and AI Processing

The core Service relies on automated processing, including the use of artificial intelligence and large language models (LLMs), to analyze content you submit and generate scam assessment reports. By using the Service, you expressly consent to:

  • Automated analysis of all content you submit (including emails, attachments, images, and other media) by AI models and algorithms.
  • Receiving AI-generated results, verdicts, and recommendations based on that automated analysis.
  • The routing of your submitted content to third-party AI model providers for processing. We may use AI gateway services to route requests and may add, remove, or change AI providers, models, and gateway services at any time without notice. Current providers are listed in our Privacy Policy.

You acknowledge that all scam assessment results are generated by automated systems and reflect algorithmic analysis, not human judgment. These results are informational only and should not be the sole basis for any decision (see Section 2.2). We do not guarantee the accuracy, completeness, or reliability of any automated output.

If applicable law in your jurisdiction grants you the right to opt out of automated decision-making or profiling, please note that opting out would prevent us from providing the core Service to you, as automated AI analysis is integral to how the Service functions.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account by providing a valid email address. You agree to:

  • Provide accurate and complete information during registration.
  • Maintain the security of your account credentials.
  • Notify us immediately of any unauthorized access to your account.
  • Accept responsibility for all activities that occur under your account.

3.2 Authentication

We use magic link authentication—password-less, email-based sign-in—sent to your registered email address. You enter your email and we send you an email. For existing account holders, that email contains a one-time sign-in link; clicking it signs you in. For others, the email may contain signup or next-step information. We do not store or use passwords. You are responsible for maintaining access to your email account to receive these emails.

3.3 Consent to Electronic Communications

By creating an account or using the Service, you consent to receive electronic communications from us, including but not limited to:

  • Authentication and signup-related emails (e.g. sign-in link, signup or activation information).
  • Scam assessment reports and analysis results.
  • Subscription and billing notifications (e.g., payment confirmations, renewal notices, cancellation confirmations).
  • Group membership notifications (e.g., invitations, membership changes).
  • Service announcements, updates, and security alerts.
  • Responses to support requests you initiate.

You agree that all communications we send electronically satisfy any legal requirement that such communications be in writing. These are transactional and service-related communications necessary for the operation of the Service; they are not marketing messages and cannot be opted out of while you maintain an account. If you no longer wish to receive these communications, you may close your account.

4. Subscriptions and Payments

4.1 Subscription Plans

Access to Is This A Scam? requires a paid subscription. Current pricing and plan details are available on our website. We reserve the right to modify pricing with reasonable notice to existing subscribers.

4.2 Payment Processing

All payments are processed securely through our third-party payment processor (currently Stripe; we may change payment processors at any time). By subscribing, you agree to:

  • Our payment processor’s terms of service (currently Stripe’s Services Agreement).
  • Provide accurate and complete payment information.
  • Authorize recurring charges for your subscription period.
  • Use US-issued payment methods with US billing addresses; payments from non-US cards or billing addresses are not accepted.

4.3 Billing and Renewal

  • Subscriptions automatically renew at the end of each billing period unless cancelled.
  • You will be charged the then-current subscription rate at each renewal.
  • Billing occurs at the start of each subscription period.

4.4 Cancellation and Refunds

  • You may cancel your subscription at any time through the dashboard or by contacting us.
  • Cancellation takes effect at the end of the current billing period.
  • You will retain access to the Service until your current billing period ends.
  • Refunds are generally not provided for partial subscription periods, except as required by law or at our discretion.

4.5 Failed Payments

If a payment fails, we will attempt to process it again and notify you. Continued payment failures may result in suspension or termination of your account.

4.6 Usage Limits

  • Each subscription plan includes usage limits as described on our website or in your account dashboard. These may include limits on the number of analyses, attachments, or other Service interactions per billing period.
  • We reserve the right to establish, modify, or enforce usage limits at any time, with or without notice, to ensure fair use and protect the quality of the Service for all users.
  • If you exceed your plan's usage limits, we may throttle, suspend, or restrict your access to certain features until the next billing period or until you upgrade to a higher-tier plan.
  • Unused usage does not roll over between billing periods unless explicitly stated.

5. Group Membership

5.1 Group Owner Responsibilities

Subscription holders ("Group Owners") may invite up to 5 additional members to share their subscription benefits. As a Group Owner, you:

  • Are responsible for ensuring invited members comply with these Terms.
  • May add or remove members at any time through the dashboard.
  • Remain responsible for all subscription payments.
  • May be held accountable for misuse by members you have invited.

5.2 Group Member Responsibilities

Members invited to a subscription group agree to:

  • Comply with all provisions of these Terms.
  • Use the Service only for personal, non-commercial purposes.
  • Not share access with additional individuals.

5.3 Group Termination

If the Group Owner cancels their subscription or removes you from the group, your access to the Service will end. Members do not have independent subscription rights.

6. Professional Consultation Services

6.1 Service Description

Is This A Scam? offers optional Professional Consultation sessions where paying subscribers can speak with certified cybersecurity and technology professionals for personalized guidance on scam-related situations. These sessions are separate from and supplemental to the AI-powered email analysis service.

When AI analysis isn't enough, our certified professionals can walk you through your specific situation. These consultations focus on security and technology guidance to help you understand threats, protect your digital safety, and make informed decisions.

6.2 Nature of Service

Important: Professional Consultation is a security and technology advisory service only. Consultants provide information, guidance, and recommendations based on their cybersecurity and technology expertise, but do not take any direct action on your behalf.

Professional Consultation services are expressly NOT:

  • Recovery services or fund recovery assistance
  • Incident response or active threat remediation
  • Hands-on-keyboard technical support or system access
  • Legal advice or representation
  • Financial advice or investment guidance
  • Law enforcement services or criminal investigation
  • Guaranteed fraud prevention or loss recovery
  • Mental health or counseling services

6.3 Scope of Security and Technology Guidance

Consultants may provide guidance on topics including but not limited to:

  • Understanding and identifying scam tactics and social engineering techniques
  • Assessing potential security risks from suspicious communications
  • Recommended security practices and protective measures
  • Guidance on securing accounts and personal information
  • Understanding phishing, vishing, smishing, and other attack vectors
  • General technology and online safety education
  • Referrals to appropriate authorities or resources when applicable

6.4 Eligibility and Booking

  • Professional Consultation is available only to subscription holders (Group Owners) with an active monthly or yearly subscription, or to group members who are part of a paid (active) group. You must meet this eligibility both at the time of booking and at the time of the consultation; if your subscription lapses or you are no longer in an active group, you may not book new sessions, any scheduled session may be cancelled, and you forfeit any pre-paid consultation units or session fees.
  • Sessions must be purchased separately at the then-current rate.
  • Session availability is subject to consultant schedules and may require advance booking.
  • We reserve the right to decline consultation requests at our discretion.
  • Consultation sessions must be pre-purchased; an initial consultation is used to scope needs and determine the number of units required (retainer-style).
  • Pre-purchased consultation units expire 365 days (1 year) from the purchase date; unused units are forfeited after expiry with no refunds or credits.

6.5 Consultant Qualifications

Consultants are cybersecurity and technology professionals with relevant industry certifications and practical experience in information security, threat assessment, and online safety. However:

  • Consultants are not licensed attorneys, financial advisors, mental health professionals, or law enforcement officers.
  • Advice provided is based on cybersecurity and technology expertise and should not be construed as professional advice in other fields.
  • For legal matters, you should consult a licensed attorney; for financial matters, a licensed financial advisor; for mental health support, a licensed counselor or therapist.
  • Consultants may recommend reporting incidents to appropriate authorities but cannot file reports on your behalf.

6.6 Session Conduct

  • Sessions are conducted via video call and are limited to the purchased duration (typically 15 minutes).
  • Sessions may not be recorded by either party without explicit written consent from both parties.
  • AI-based transcription may be used during or after sessions for quality, record-keeping, or other service purposes; such use is subject to our Privacy Policy.
  • You agree to conduct yourself professionally and respectfully during sessions.
  • Consultants may terminate sessions early if conduct is abusive, threatening, or inappropriate.
  • Sessions focus on security and technology topics; consultants will redirect discussions outside their scope of expertise.

6.7 Confidentiality

Information shared during consultation sessions is treated as confidential, subject to:

  • Our Privacy Policy regarding data handling and retention.
  • Legal obligations to report certain activities (e.g., imminent threats of harm, child exploitation).
  • Requests from law enforcement with proper legal process.

Note: Consultation sessions do not create attorney-client privilege, doctor-patient privilege, or any similar legally protected confidential relationship.

Consultation data (including session notes and booking details) is handled and retained as described in our Privacy Policy (see Section 8).

6.8 Limitation of Liability for Consultations

IMPORTANT DISCLAIMER: Security and technology consultation advice is provided for informational and educational purposes only. FortifiedWall LLC and its consultants shall not be liable for any decisions you make or actions you take based on consultation advice.

  • We do not guarantee any particular outcome from following consultation advice.
  • We are not responsible for any financial losses, damages, or harm that may result from your actions or our advice.
  • Consultation does not create any fiduciary, attorney-client, or other professional relationship.
  • Security recommendations are based on general best practices and may not address all threats specific to your situation.
  • All limitations of liability in Section 9 apply equally to Professional Consultation services.

6.9 Refunds for Consultations

  • Consultation sessions may be rescheduled with at least 24 hours notice.
  • No-shows or cancellations with less than 24 hours notice forfeit the session fee.
  • Refunds for technical issues preventing session completion will be evaluated on a case-by-case basis.
  • Dissatisfaction with advice provided is not grounds for a refund.

7. Acceptable Use

7.1 Permitted Use

You may use Is This A Scam? to:

  • Send suspicious content via email for scam analysis, including forwarded emails, screenshots, images, QR codes, documents, and similar attachments.
  • Review analysis reports for educational and protective purposes.
  • Access your dashboard to manage your account and view history.

7.2 Prohibited Conduct

You agree NOT to:

  • Use the Service for any unlawful purpose or to violate any laws.
  • Submit content that you do not have the right to share.
  • Submit content containing malware, viruses, or malicious code with intent to harm our systems.
  • Attempt to reverse-engineer, decompile, or extract our algorithms or methods.
  • Use the Service to train competing AI models or services.
  • Abuse, harass, or harm our staff or other users.
  • Overwhelm our systems with excessive requests (rate abuse).
  • Resell, redistribute, or commercialize access to the Service.
  • Submit content for scam analysis on behalf of or that originated from anyone who is not an active member or the group owner of your subscription group; content must come from and be for the benefit of active group members or the group owner only.
  • Share or extend use of the Service (e.g., forwarding content for analysis or sharing reports) to anyone other than the active members and owner of your subscription group.
  • Circumvent any access controls or security measures.
  • Impersonate any person or entity.
  • Use automated systems or bots to access the Service without authorization.

7.3 Content Standards

While we expect most submitted content to be suspicious messages, images, or documents for analysis, you acknowledge that you will not send, share, or submit any content that is unlawful under applicable law, or that:

  • Contains child sexual abuse material (CSAM).
  • Constitutes illegal threats or harassment.
  • Violates the intellectual property rights of others.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, functionality, analysis algorithms, and all related intellectual property, is owned by FortifiedWall LLC. You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

8.2 User Content

You retain ownership of emails and other content you submit for analysis, including but not limited to screenshots, images, QR codes, documents, PDFs, voicemail transcripts or screenshots, and similar attachments. By submitting content, you grant us a limited, non-exclusive license to:

  • Process and analyze all submitted content and attachments, regardless of format, to provide the Service.
  • Store content temporarily or as described in our Privacy Policy.
  • Use anonymized, aggregated data to improve our Service.

8.3 Third-Party Content in Submissions

Content you submit for analysis (such as forwarded emails, screenshots, or documents) may contain personal information of third parties, including names, email addresses, phone numbers, and other identifying details. By submitting such content, you represent and warrant that:

  • You have a good-faith basis for submitting the content for scam analysis (e.g., you received the communication, it was sent to you or a member of your group, or you are otherwise authorized to share it).
  • You are not submitting the content for any purpose other than scam analysis as provided by the Service.
  • You understand that we will process all information contained in your submission - including third-party personal information - as necessary to provide the Service, and that such information may be sent to third-party AI model providers as described in our Privacy Policy.

We disclaim any liability arising from third-party personal information contained in content you submit. You agree to indemnify and hold us harmless from any claims by third parties arising from your submission of their personal information to the Service.

8.4 Analysis Reports

Analysis reports generated by our Service are provided for your personal use. You may share reports with others for informational purposes but may not sell or commercialize them.

8.5 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, enhancement requests, or other recommendations regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form, media, or technology for any purpose. You acknowledge that we are not obligated to use any Feedback and that you have no right to compensation for Feedback. You waive any moral rights or equivalent rights in the Feedback to the extent permitted by law.

9. Disclaimers and Limitations

9.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

9.2 No Guarantee of Accuracy

We do not warrant that:

  • Analysis results will be accurate, complete, or error-free.
  • All scams will be detected or identified.
  • The Service will prevent financial loss or harm.
  • The Service will be uninterrupted or available at all times.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTIFIEDWALL LLC SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages.
  • Loss of profits, data, use, goodwill, or other intangible losses.
  • Damages resulting from reliance on analysis results.
  • Damages exceeding the amount you paid for the Service in the 12 months preceding the claim.

9.4 Third-Party Services

We are not responsible for the availability, accuracy, or content of third-party services, websites, or resources referenced in our analysis reports.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FortifiedWall LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any rights of another party.
  • Content you submit to the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by cancelling your subscription and/or contacting us to delete your account.

11.2 Termination by Us

We may suspend or terminate your account or access to the Service at any time, for any reason or no reason, in our sole discretion, subject only to applicable law. Without limiting the foregoing, we may suspend or terminate your access immediately, without prior notice, if:

  • You breach any provision of these Terms.
  • We are required to do so by law.
  • We discontinue the Service.
  • Your payment method fails repeatedly.
  • We determine, in our sole discretion, that your continued use of the Service is not in the best interests of the Company or other users.

We are not obligated to provide notice or any refund of subscription fees upon termination, except as required by applicable law.

11.3 Effect of Termination

Upon termination:

  • Your right to access the Service immediately ceases.
  • We may delete your account data in accordance with our Privacy Policy. We are not obligated to retain or provide access to your data after termination, except as required by applicable law.

11.4 Survival

The following provisions survive termination or expiration of these Terms and continue in full force and effect: Section 2.3 (Automated Decision-Making), Section 6.7 (Confidentiality), Section 6.8 (Limitation of Liability for Consultations), Section 8 (Intellectual Property), Section 8.5 (Feedback and Suggestions), Section 9 (Disclaimers and Limitations), Section 10 (Indemnification), Section 13 (Governing Law and Disputes), Section 14 (Miscellaneous), and any other provisions that by their nature are intended to survive.

12. Modifications to Service and Terms

12.1 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will endeavor to provide reasonable notice of significant changes.

12.2 Terms Updates

We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on our website. Your continued use after changes take effect constitutes acceptance of the new Terms.

13. Governing Law and Disputes

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

13.2 Mandatory Pre-Arbitration Dispute Resolution

These dispute provisions apply to users located in the United States (the Service is offered only in the US).

Before initiating arbitration or any court proceeding, you must first attempt to resolve the dispute informally by completing both of the following steps:

  • Individualized Written Demand: You must send a written demand to [email protected] that includes: (a) your full legal name and email address associated with your account; (b) a detailed description of the nature and factual basis of your claim, written in your own words (form letters or template demands generated by a third party do not satisfy this requirement); (c) the specific relief you are seeking and a calculation of any damages claimed; and (d) your personal signature (electronic signature is acceptable). A demand that does not include all of the foregoing is not valid and does not commence the pre-arbitration period.
  • Informal Resolution Conference: Within 60 days after we receive a valid written demand, you and a Company representative will participate in at least one good-faith informal resolution conference by telephone or video call. You must personally attend; attendance by counsel alone does not satisfy this requirement. Both parties agree to make a genuine effort to resolve the dispute during this conference.

You may not commence arbitration until you have completed both steps above and at least 60 days have elapsed since the Company received your valid written demand. Compliance with this section is a condition precedent to initiating arbitration; any arbitration filed without completing these steps shall be dismissed without prejudice.

The statute of limitations and any filing-fee deadlines are tolled while you comply with this pre-arbitration process.

13.3 Arbitration Agreement

If the dispute is not resolved through the pre-arbitration process in Section 13.2, either party may commence binding arbitration administered by JAMS under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Denton County, Texas, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may elect to bring an individual action in small claims court (in a court of competent jurisdiction) instead of arbitration for any claim that qualifies. Either party may make this election at any time, including after an arbitration demand has been filed; if the Company makes this election, it will pay any JAMS filing fee you have already paid for that claim. You may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Each party shall bear its own costs and attorneys' fees in any arbitration, except that: (a) if the arbitrator finds that your claim or the Company's defense was frivolous or brought in bad faith, the arbitrator may award reasonable attorneys' fees and costs to the prevailing party; and (b) applicable law may entitle the prevailing party to fees in certain circumstances.

JAMS administrative and arbitrator fees shall be allocated as provided by the JAMS Consumer Arbitration Rules. For a single, individual arbitration of a claim under $75,000, those rules generally require the Company to pay all JAMS fees for that arbitration.

13.4 Mass Arbitration Procedures

Definition: "Mass Arbitration" means 10 or more similar arbitration demands that: (a) are filed by or with the assistance or coordination of the same law firm, organization, group of law firms, or entities; (b) involve common questions of law or fact; and (c) are filed against the Company within a 90-day period or are otherwise coordinated or related.

If a Mass Arbitration arises, the following procedures apply instead of the standard arbitration process in Section 13.3:

  • Bellwether Process: The parties (or JAMS if they cannot agree) shall select no more than 10 individual claims as bellwether cases (5 selected by claimants' counsel and 5 selected by the Company). Only these bellwether cases will proceed to arbitration initially. All other claims in the Mass Arbitration shall be stayed pending resolution of the bellwether cases.
  • Sequential Batching: After the bellwether cases are resolved, if the remaining claims are not resolved through settlement informed by the bellwether outcomes, additional claims shall proceed in sequential batches of no more than 25 at a time, with each batch commencing only after the prior batch is fully resolved.
  • Fees in Mass Arbitration: In a Mass Arbitration, JAMS fees shall be allocated as determined by JAMS or the arbitrator(s). The Company's total obligation to pay JAMS administrative and arbitrator fees across all claims in the Mass Arbitration shall not exceed the amount it would have paid for the bellwether cases under the JAMS Consumer Arbitration Rules until the remaining claims are reached in the batching process described above.
  • Pre-Filing Requirements Still Apply: Each individual claimant in a Mass Arbitration must independently satisfy the pre-arbitration requirements in Section 13.2 (including the individualized written demand and informal resolution conference) before their claim may proceed. Mass or form-generated demand letters do not satisfy this requirement.
  • Small Claims Election: If a Mass Arbitration is commenced, the Company may elect to have any or all individual claims in the Mass Arbitration resolved in small claims court (in a court of competent jurisdiction) instead of through arbitration. If the Company makes this election, it will pay any JAMS filing fees already paid by the affected claimants for those claims.
  • Tolling: The statute of limitations for claims that are stayed under this section is tolled during the stay.

If JAMS will not administer a Mass Arbitration under these procedures, the parties shall select an alternative arbitration provider that will. If no provider will administer the Mass Arbitration under these procedures, either party may petition a court of competent jurisdiction to appoint an arbitrator and enforce these procedures.

13.5 Class Action and Jury Waiver

Class Action Waiver: To the maximum extent permitted by law, you and the Company each agree that any disputes will be resolved on an individual basis only and not as part of any class, collective, consolidated, or representative action, whether in arbitration or in court. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in court, but the class action waiver shall remain enforceable as to all other claims.

Jury Waiver: For any claim that proceeds in court rather than arbitration (including claims severed under this section or claims in small claims court), you and the Company each waive any right to a jury trial to the maximum extent permitted by law.

13.6 Opt-Out Right

You may opt out of the arbitration agreement in Sections 13.3 and 13.4 (but not the class action waiver, jury waiver, or governing law provisions) by sending a written opt-out notice to [email protected] within 30 days of first accepting these Terms (or within 30 days of any material change to this arbitration agreement). Your opt-out notice must include: (a) your full legal name; (b) the email address associated with your account; and (c) a clear statement that you wish to opt out of the arbitration agreement. If you timely opt out, disputes will be resolved in the state or federal courts located in Denton County, Texas, and you consent to the personal jurisdiction of those courts.

13.7 Severability of Dispute Provisions

If any part of this Section 13 is found to be illegal or unenforceable, the remainder will still apply, except that if the class action waiver in Section 13.5 is found unenforceable as to a particular claim, Section 13 does not apply to that claim (which may proceed in court). The parties agree that any adjudication of unenforceability shall not be deemed to affect the enforceability of these provisions in any other proceeding.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FortifiedWall LLC regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, shortages of transportation, power outages, internet or telecommunications failures, or cyberattacks.

14.6 Notices

All notices and communications from us to you under these Terms will be sent to the email address associated with your account. You agree that any notice sent to your registered email address constitutes effective and valid notice. It is your responsibility to keep your email address current; we are not liable for any failure to receive notice due to an outdated or incorrect email address. Notices from you to us must be sent to [email protected] (or to the mailing address in Section 15 for formal legal notices) and are deemed received when actually received by us.

14.7 No Third-Party Beneficiaries

These Terms are between you and FortifiedWall LLC. No third party (including group members, family members, or third parties whose information may appear in content you submit) has any rights under these Terms, and no third party may enforce any provision of these Terms. Nothing in these Terms creates any obligation to, or right enforceable by, any person or entity that is not a party to these Terms.

14.8 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and FortifiedWall LLC. Consultants providing Professional Consultation services under Section 6 are independent professionals and not employees or agents of FortifiedWall LLC. Neither party has authority to bind the other or to incur any obligation on the other's behalf.

14.9 Export Control and Sanctions Compliance

You represent and warrant that you are not: (a) located in, or a national or resident of, any country subject to a comprehensive U.S. embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) listed on any U.S. government restricted-parties list, including the Treasury Department's Specially Designated Nationals (SDN) list, the Commerce Department's Entity List or Denied Persons List, or any similar list maintained by the U.S. government; or (c) otherwise prohibited from accessing the Service under U.S. export control or sanctions laws. You agree not to use the Service in violation of any applicable export control laws, sanctions, or embargoes.

14.10 Section Headings

The section and subsection headings in these Terms are for convenience of reference only and do not affect the interpretation or construction of any provision.

14.11 Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws, statutes, ordinances, and regulations in connection with your use of the Service. Without limiting the foregoing, you are solely responsible for ensuring that your use of the Service complies with all laws applicable to you, including but not limited to privacy laws, anti-spam laws, and consumer protection laws.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: [email protected]
  • Company: FortifiedWall LLC
  • Address: 2305 Red Oak Drive, Little Elm, TX 75068