AGREEMENT TERMS AND CONDITIONS
This Anti-Fraud Services Agreement (this
“Agreement”) by and between Stop Scamming Me LLC, a
Florida limited liability company (“Stop Scamming Me,”
“we,” “us” or “our”), and you. Stop Scamming Me and you
are individually referred to as a “Party” and are together
referred to as the “Parties.”
SECTION 1

STOP SCAMMING ME’S SERVICES &
RESPONSIBILITIES
1.1 Description of Program Services. Stop
Scamming Me is engaged in the business of providing a
proprietary anti-fraud protection educational, training and
resources developed by us, provided in-person, by
remote computer access, by webinars and/or telephonically,
for individuals (collectively, the “Program”). The Program
includes, without limitation: (a) providing periodic anti-fraud
training and educational seminars or "workshops" to individuals residing in residential communities or otherwise in the home remotely,
(b) providing an online learning platform with access to videos, forums, podcasts, and national and state resources. (c) operating a web-based and telephone hotline for
you to contact us in the event of the occurrence of actual or
suspected fraud, (d) working with law enforcement in the
effort to try to remediate cases of actual fraud affecting you,
and (e) sending periodic newsletters on the topic of preventing
fraud to you (collectively, the “Program Services”). By
signing this Agreement, you have agreed to subscribe for and
use the Program Services.
1.2 Personnel Providing Program Services.
In accordance with the provisions of this Agreement, we will
provide the services of qualified personnel (the “Personnel”)
who shall perform the Program Services. We conduct
background checks on all Personnel (including criminal
background checks) as part of the hiring process and recheck
the status of all individuals at least bi-annually.
1.3 Compliance with Data Protection Laws.
We promise that we and our Personnel will comply with all
applicable data protection and privacy laws and regulations in
any relevant jurisdiction; and where, in connection with this
Agreement, our Personnel process your information, including
without limitation financial or banking data, and healthcare or
third-party payor/insurance related data (collectively,
“Personal Data”), our Personnel shall: (a) process the
Personal Data only in accordance with your instructions; (b)
implement appropriate technical and organizational measures
to protect the Personal Data against accidental or unlawful
destruction or accidental loss, alteration, unauthorized
disclosure or access, in particular where the processing
involves the transmission of Personal Data over a network,
and against all other unlawful forms of processing; (c) except where instructed otherwise by you, make all reasonable efforts
to delete the Personal Data after a reasonable time, given the
purposes for which the Personal Data are held; (d) not disclose
the Personal Data to any person except as required or
permitted by this Agreement or your consent; and (e) not
process the Personal Data except to the extent reasonably
necessary to the performance of this Agreement.
SECTION 2
FEES AND EXPENSES
2.1 Fees. In exchange for the Program Services,
you agree to pay us the fees set forth on the first page of this
Agreement (the “Checkout or Offer Page”), together with any sales
tax levied thereon, payable by the credit card you provided to
us for this purpose. The subscription fee does not include investigation work or consulting beyond what is included in the learning platform. Any investigative services or consultative services are billed at the hourly rates as agreed upon by the parties persuant to a phone call, live discussion, or electronic mail.
2.2 Expenses. You agree to pay to us any of
our costs and expenses for third-party anti-viral software
and/or other products (“Expenses”) if and as specified
requested by you in writing (by email) or over our recorded
telephone lines.
2.3 Late Payment. If you fail to timely pay the
Fees or Expenses that you have agreed to pay, interest
computed at the rate of one and one-half percent (1.5%) per
month or any portion thereof or the maximum rate permitted
by law, whichever is less, shall be due and payable on the
unpaid balance. We may also immediately cancel your access
to the Program Services upon non-payment.
SECTION 3

WARRANTY DISCLAIMER AND LIMITATION OF

LIABILITY

3.1 WARRANTY DISCLAIMER. EXCEPT
AS EXPRESSLY STATED IN THIS AGREEMENT, STOP
SCAMMING ME DISCLAIMS ANY AND ALL
WARRANTIES, CONDITIONS, OR REPRESENTATIONS
(STATUTORY, EXPRESS OR IMPLIED, ORAL OR
WRITTEN), WITH RESPECT TO ANY SERVICES OR
SOFTWARE PROVIDED IN CONNECTION WITH THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION,
ANY AND ALL IMPLIED WARRANTIES OR
CONDITIONS OF TITLE, NONINFRINGEMENT,
SOFTWARE COMPATIBILITY, MERCHANTABILITY,
ACCURACY, OR FITNESS OR SUITABILITY FOR ANY
PARTICULAR PURPOSE (WHETHER OR NOT STOP
SCAMMING ME KNOWS, HAS REASON TO KNOW,
HAS BEEN ADVISED, OR IS OTHERWISE IN FACT
AWARE OF ANY SUCH PURPOSE), WHETHER

3

Stop Scamming Me Anti-Fraud Services Agreement
ALLEGED TO ARISE BY LAW, BY REASON OF
CUSTOM OR USAGE IN THE TRADE OR BY COURSE
OF DEALING. STOP SCAMMING ME DOES NOT
WARRANT THAT ANY SOFTWARE PROVIDED TO
YOU PURSUANT TO THIS AGREEMENT WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF
ANY SUCH SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE. STOP SCAMMING ME EXPRESSLY
DISCLAIMS ANY WARRANTY OR REPRESENTATION
TO ANY PERSON OTHER THAN YOU WITH RESPECT
TO THE SERVICES OR SOFTWARE PROVIDED TO YOU
PURSUANT TO THIS AGREEMENT.
3.2 LIMITATION OF LIABILITY. STOP
SCAMMING ME SHALL NOT BE RESPONSIBLE FOR
ANY DELAY OR FAILURE IN PERFORMANCE FOR
CAUSES BEYOND OUR REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,
ANY GOVERNMENT, LABOR DISRUPTION, INTERNET
INTERRUPTION OR ANY SIMILAR OR DISSIMILAR
CAUSE. IN NO EVENT SHALL WE BE LIABLE TO YOU
UNDER THIS AGREEMENT FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE
OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION OR
LOSS OF BUSINESS INFORMATION ARISING OUT OF
THE SERVICES PROVIDED BY STOP SCAMMING ME
TO YOU OR THE USE OF OR INABILITY TO USE ANY
SOFTWARE PROVIDED BY STOP SCAMMING ME TO
YOU, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ALL CASES,
OUR LIABILITY SHALL BE LIMITED TO THE
AGGREGATE AMOUNT PAYABLE BY YOU TO US
UNDER THIS AGREEMENT DURING THE SIX (6)
MONTH PERIOD PRIOR TO THE DATE THAT THE
EVENT CREATING THE DAMAGES OR LOSS
OCCURRED. THESE LIMITATIONS APPLY TO ALL
CAUSES OF ACTION, INCLUDING, WITHOUT
LIMITATION, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS AND OTHER TORTS. YOU
ACKNOWLEDGE THAT OUR PROGRAM SERVICES
ARE INTENDED TO REDUCE THE AMOUNT OF HARM
CAUSED TO YOU, BUT THERE IS NO GUARANTY
THAT YOU WILL NOT BE SCAMMED OR DEFRAUDED
BY THIRD PARTIES OR HAVE YOUR PERSONAL DATA
BREACHED AND WRONGFULLY DISCLOSED BY
THIRD PARTIES DESPITE THE IMPLEMENTATION OF
THE PROGRAM SERVICES, AND WE HEREBY
DISCLAIM ANY AND ALL RESPONSIBILITY FOR THE
SAME.

SECTION 4
DISPUTE RESOLUTION
This Agreement shall be construed under the laws of the State of Florida other than the choice of law principles
thereof. All disputes, controversies, claims, differences or
questions arising between the Parties relating to the construction
of terms, the meaning or effect of any clause or thing herein
contained, or the rights or liabilities of the Parties, or their
respective successors and assigns, whether arising out of this
Agreement, tort, statute, equity or otherwise, shall be submitted
to binding arbitration administered by the American Arbitration
Association in accordance with its Consumer Arbitration Rules
before a single arbitrator, and judgment on the award rendered
by the arbitrator may be entered in any court having jurisdiction
thereof. The arbitration proceedings shall take place in Pinellas
County, Florida. No one shall be nominated or act as an
arbitrator who is in any way financially interested in this
Agreement or the business affairs of either Party. To the extent
that claims hereunder cannot be arbitrated (or a Party refuses
to submit to arbitration), the Parties consent to the exclusive
personal jurisdiction and venue of the state and federal courts
located in Pinellas County in the State of Florida in any legal
action or proceeding brought to enforce (including
enforcement of the arbitration clause hereof), construe or
interpret this Agreement. The prevailing Party in any such
arbitration or litigation proceeding shall be entitled to an award
of its attorneys’ fees, paralegal fees, costs, and expenses incurred
at the arbitration, any trial and any and all appellate levels and in
any proceedings in bankruptcy court. The arbitrator shall have
the power and authority to determine entitlement to and the
amount of such fees, costs and expenses awarded.
SECTION 5
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement
between the Parties in respect to the subject matter
hereof, and this Agreement supersedes all prior,
collateral and contemporaneous agreements,
representations, promises and conditions between the
Parties in connection with the subject matter hereof.