Unsolicited Commercial Email (UCE) Contract

–AGREEMENT TO FORM CONTRACT

Parties agree to be legally bound by the this contract either in writing or by any action. An action sufficient to manifest assent expressly includes sending an email to any email address at the shannonbrownlaw.com domain including using a contact form. Parties agree that consent-by-action is fully effective to legally bind the Parties and acts as an electronic signature.

–DEFINITIONS

Sender is any person or entity that sends or desires to send commercial email or commercial messages via the shannonbrownlaw.com domain, including use of the contact form, to solicit business or services.

Owner is the owner of the shannonbrownlaw.com domain.

Parties means the Owner and Sender.

UCE is pronounced as the English ‘use.’

Unsolicited commercial email is sometimes termed spam and that meaning is incorporated here.

–LICENSE PROVISIONS

Sender agrees to purchase a standard license for $50.00US for each distinct email message sent to each distinct email address at the shannonbrownlaw.com domain prior to sending an email to an address at shannonbrownlaw.com.

Sender may, entirely at the discretion of Owner, purchase a expedited license after sending for $500.00US  for each distinct email message sent to each distinct email address at the shannonbrownlaw.com domain.

Sender may not assign or transfer any license including absolute prohibition on use by affiliates, subdivisions, parent organizations, or anyone else.

Sender must include the text, ShannonBrownLaw.com UCE and the invoice number, in the SUBJECT LINE in each email as proof of license. Failure to include this required item voids the license.

Sender bears the burden of (1) proving by CLEAR & CONVINCING EVIDENCE and without ambiguity an express pre-existing, business relationship between Sender and Owner or (2) proving by CLEAR & CONVINCING EVIDENCE and without ambiguity the existence of a valid license issued by Owner directly to Sender with full compensation paid and credited.

Sender agrees without objection that Owner may present a copy of an email sent by the Sender as full proof of contract and to support a claim for damages.

Sender agrees to pay all court costs, fees, interest, and attorney fees of Owner and including collection costs and interest.

–DISCLAIMERS & COMPLETE LIMIT ON LIABILITY

OWNER PROVIDES THE LICENSE AS IS.

OWNER MAKES NO REPRESENTATION THAT EMAILS SENT TO SHANNONBROWNLAW.COM WILL BE READ OR ACTED UPON.

PARTIES AGREE TO THE BROADEST POSSIBLE INTERPRETATION THAT OWNER, OWNER’S AGENTS, ASSIGNS, CONTRACTORS, OR ANY OTHER PERSON ASSOCIATED WITH OWNER IS NOT AND WILL NOT BE LIABLE FOR ANYTHING INCLUDING ANY DAMAGES OF ANY POSSIBLE KIND AND UNDER ANY POSSIBLE LEGAL, EQUITABLE, OR ANY OTHER THEORY.

–DISPUTE & ISSUE HANDLING

Parties agree that any dispute or issue, with meaning interpreted to the broadest extent possible, will be brought, heard, and resolved exclusively in the courts of the Commonwealth of Pennsylvania sitting in Lancaster County, Pennsylvania.

Parties consent to personal jurisdiction in the Commonwealth of Pennsylvania.

Parties agree to waiver of personal service of process. Instead, Parties agree that Owner may notify Sender by email of any dispute, and email notice carries the full effect of personal service of process.

Sender agrees to pay Owner’s legal costs, legal fees, and collection costs.

The laws of of the Commonwealth of Pennsylvania control in any matter or issue without resort to conflict of laws provisions.

–STANDARD CONTRACT PROVISIONS

This is the entire agreement of the parties and supersedes any other agreement or understanding.

Failure to enforce any provision in one circumstances does not act as a waiver of subsequent enforcement.

If any part of this contract is held invalid or unenforceable by a court with competent jurisdiction, the balance remains in full effect.

–CONFESSION OF JUDGMENT

COMMERCIAL PARTY CONFESSION OF JUDGMENT: A commercial party consents to Confession of Judgment.