Dear PoolOfExperts.ch User,
Below are the Terms of Services for our website PoolOfExperts.ch. Because we are operating in an international environment with diverse legal requirements we have given considerable attention to defining the services, and limitations thereof, that we provide on our site. Please read through the sections listed below. Feel free to contact us if you have any specific questions.
Sincerely,
info@PoolOfExperts.ch
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PoolOfExperts.ch Terms of Service Agreement
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Agreement
This is an agreement between you (the user of this website for any purpose) and the operating entity of PoolOfExperts.ch (the "Agreement") regarding your use of, without limitation, PoolOfExperts.ch's website, database, interactive information, communication, and transaction service allowing access to the expert listings, directory searches, consultation, advertising, and other expert services (the "Service"). BY REGISTERING WITH OR USING POOLOFEXPERTS.CH, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, please exit our site at this time.
Definitions
This Agreement ("User Agreement" or "Agreement" or "Terms of Service" or "Terms of Usage"), including the Privacy Statement, contains the entire terms and conditions that apply to your use of the Services and its website and/or co-branded websites which PoolOfExperts.ch may operate or host from its or co-host servers (collectively referred to herein as "Site").
In this Agreement, "Expert" or "Experts" means any person or entity that is an authority in a discipline that requires specialized knowledge and experience helpful to small and medium size businesses from Switzerland and Liechtenstein in accessing international markets. Furthermore, in this Agreement, "User" or "Users" means any person or entity that gains access to the Site to retrieve information from the Site, including but not limited to Experts.
PoolOfExperts.ch is Venue to Exchange Information
PoolOfExperts.ch Service is designed to allow Experts to promote their services and expertise to Users. The Site acts as a communications venue for the exchange of information between Experts and Users. PoolOfExperts.ch is not responsible for the content of communications among Experts and/or Users, whether accomplished through the use of the Site or otherwise.
Nature of Information Provided
Because User authentication on the Internet is difficult, PoolOfExperts.ch cannot and does not confirm that Users are who they claim to be. PoolOfExperts.ch does not warrant the truth or accuracy of what the Experts have represented to PoolOfExperts.ch or what they have requested to be listed and made public on the Site. Specifically, without in any way limiting any other provision of this Agreement, PoolOfExperts.ch does not control, warrant, or guarantee the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of the Experts to render expert services, or consumers of expert services to purchase them. Furthermore, PoolOfExperts.ch does not control, warrant, or guarantee that the Experts will receive any particular number of leads, or solicitations, that the Experts will ultimately honor the proposals they offer, that prospective customers, whether or not they are Users of PoolOfExperts.ch, will enter into an Agreement or will select an Expert through PoolOfExperts.ch Service. Finally, PoolOfExperts.ch does not control, warrant, or guarantee that any User is who he or she claims to be or is not acting under false pretenses.
PoolOfExperts.ch may, at its sole discretion, take actions to verify the accuracy of information presented by Users of the Site. Such actions do not limit, expand, or otherwise affect its obligations under this Agreement. For an example, PoolOfExperts.ch may endeavor to establish a user-initiated feedback system to allow you to evaluate the User with whom you are dealing. PoolOfExperts.ch also encourages you to communicate directly with other Users or other professionals to help you evaluate with whom you are dealing. Please practice safe usage. If you have any concerns about an individual, take measures to safeguard yourself. Users may contact the regulatory agency in your state or local association to verify license or membership status where applicable. Information supplied by Users could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. PoolOfExperts.ch expects that you will use common sense when using the Site.
Expert Registration Process
All Experts who wish to be registered in the directory must register using PoolOfExperts.ch's registration process ("Registration Process"). We require the Registration Process so that Experts can obtain a username ("User Name" or "Member Name" or "Login" or "Login Name") and a password. Your User Name will be used to identify you on PoolOfExperts.ch. You may log in to PoolOfExperts.ch, use the Services or modify your information, only through your User Name and password. You may not have more than one account or User Name with PoolOfExperts.ch. By registering with PoolOfExperts.ch, you certify that the contact information you provide in the Registration Process is accurate and belongs to you.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your User Name and password. You agree to notify PoolOfExperts.ch immediately at info@PoolOfExperts.ch of any unauthorized use of your account or any other breach of security you learn about.
Your receipt of an electronic confirmation from PoolOfExperts.ch that your Registration Process is complete does not constitute an acceptance of your registration. Registration Process as an Expert may require additional verification information before accepting such registration and PoolOfExperts.ch reserves the right at any time to decline, suspend, or terminate your membership as set forth by this Agreement.
Expert Membership
PoolOfExperts.ch requires Experts to maintain a membership with PoolOfExperts.ch. PoolOfExperts.ch reserves the right to modify the membership program, dues, fees, charges or rates at any time upon notice consistent with this Agreement.
To be listed in PoolOfExperts.ch as an Expert, you must complete the PoolOfExperts.ch Registration Process and choose a charge method to a valid credit card for which you are an authorized signer in order to pay your membership dues.
Only Experts, as defined above, are eligible for membership with PoolOfExperts.ch. PoolOfExperts.ch reserves the right to reject any request for membership. A membership cannot be assigned or transferred. You agree to be responsible for all membership dues, fees, or charges incurred on your account by you, or any one you allow to use your account in violation of this Agreement.
Upon approval, every Expert who has completed the Registration Process and has become a member on or after its registration date will receive a twelve-month membership, entitling the Expert to benefit from twelve months of PoolOfExperts.ch Service through the annual calendar anniversary date of the membership's approval. Thereafter, the membership may be renewed subject to the conditions and fee structure then in effect hereunder.
Your membership may be canceled or terminated at any time in accordance with the terms of this Agreement.
Fees and Processing of Payments
All signup and annual membership fees are quoted and payable in Swiss Francs. By completing the Registration Process you agree to pay all amounts as indicated during the Registration Process and charged to your account in accordance with the issuer agreement of your credit card. PoolOfExperts.ch reserves the right, without prejudice, to waive some or all of the applicable signup and/or membership fees for specific marketing purposes from time to time.
PoolOfExperts.ch's fees are subject to change at any time and for any reason. Experts remain responsible for paying all applicable Internet access charges, taxes and any other costs you incur through the use of or access to our servers.
Prior to renewing your membership, PoolOfExperts.ch will advise you of any renewal options and the then existing membership dues, fees, and charges by sending notice as required under this Agreement. Failure to maintain a current and working e-mail address in your PoolOfExperts.ch membership account constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise.
You must provide your exact billing address and telephone number to properly process your membership application and corresponding dues, fees, and charges. PoolOfExperts.ch accepts Major Credit Cards including Visa and MasterCard as forms of payment. There is no surcharge for using your credit card to pay membership dues, fees, and charges.
You can also request that PoolOfExperts.ch accept wire transfer or bank drafts including personal checks, money orders, cashiers checks, and cash payments made payable to OSEC Business Network Switzerland. However, for these non-credit card payment methods, PoolOfExperts.ch may not credit your account until additional membership application procedures are completed and after our bank certifies receipt of funds. PoolOfExperts.ch will charge a separate handling fee of Sfr. 20.00 to process those non-charge payment options.
PoolOfExperts.ch may provide links to other sites on the World Wide Web. Some of the Internet sites you visit through these links assess separate charges for the content, goods or services they provide. Costs, taxes or other charges you incur when visiting these web sites are your sole responsibility.
PoolOfExperts.ch provides its directory listings services to its targeted audience, being Swiss Small and Medium Size Businesses, which are interested in international markets, at no charge.
You may always contact PoolOfExperts.ch customer service by e-mail or telephone concerning the billing of membership dues, fees or charges or other questions regarding the status of your membership account. However, if your inquiry is not resolved to your satisfaction within fifteen (15) business days of calling or sending e-mail and in no event later than ninety (90) days after you should have discovered a questionable billing or other discrepancy in your membership account, you must write to PoolOfExperts customer service department, Mailing Address: “PoolOfExperts.ch, c/o OSEC Business Network Switzerland, Postfach 492, CH-8035 Zürich, Switzerland" by International Air Mail, postage prepaid. Failure to write within these time frames waives your right to question the status of your account.
Guidelines for Use
PoolOfExperts.ch Services and Site are only available for use by individuals who are age 16 or over. The Services and Site may not be used by scripts, machines or automated services.
PoolOfExperts.ch Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the PoolOfExperts.ch Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
PoolOfExperts.ch reserves the right to determine what constitutes Internet abuse and objectionable conduct. If PoolOfExperts.ch believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to PoolOfExperts.ch Services. Examples of objectionable conduct and content that violate these Guidelines include, but are not limited to, the following:
- Posting, transmitting, or linking to any text, image, file, code, or any other content or material on the Site in violation of any applicable state or federal laws.
- Posting, transmitting, or linking to any text or images that are sexually explicit, pornographic, racially or ethnically objectionable, or grossly offensive to the online community.
- Posting, transmitting, or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
- Impersonating any person or using a name that you are not authorized to use.
- Planning illegal activities, such as creating computer viruses, building a bomb, or counterfeiting money.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
- Posting, transmitting, or linking to statements that are intentionally false or misleading.
- Spamming, flaming, or other similar activities, including using information obtained from PoolOfExperts.ch to communicate uninvited solicitations or to promote your products or services.
- Violating the guidelines for academic honesty or other unethical behavior.
Violations of system and network security are prohibited. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any session being conducted on the Site. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, accounts, or auto-responders other than for your own account. You also agree not to use your PoolOfExperts.ch-issued password for any unauthorized or prohibited purpose. If you notice a problem with other members not following these Guidelines, please notify us by contacting Customer Support.
Not Responsible for Offensive Material
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE POOLOFEXPERTS.CH SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED OR MAY APPEAR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. POOLOFEXPERTS.CH AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
PoolOfExperts.ch may provide a User-based system to provide subjective feedbacks from Users about the services and advice received from Experts. As a User of this Site you agree to provide reasonable ethical standards in such feedback without using derogatory, insulting or otherwise offensive language and base your findings on factual evidence. As an Expert of this Site you understand that PoolOfExperts.ch has no influence in the rating provided by its Users and that PoolOfExperts.ch can not be held responsible for any defamatory, libelous or illegal comments contained in third-party ratings provided about your service.
Content License
PoolOfExperts.ch enables registered Experts to provide addresses, phone numbers, descriptions, pictures, PDF or other document formats, comments and other content ("Your Content") to its Site. When you post Your Content on the Site, you understand and agree that Your Content can be viewed and used by other visitors to the Site.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by PoolOfExperts.ch and its affiliates will not infringe upon or violate the rights of any third party. Before you use PoolOfExperts.ch Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with PoolOfExperts.ch and posting Your Content on the Site, you hereby grant PoolOfExperts.ch a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sublicensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content through the PoolOfExperts.ch Site and Service.
PoolOfExperts.ch Property Rights
The content, layout, design, concept, and organization of the PoolOfExperts.ch Site and Services are subject to PoolOfExperts.ch's patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved.
You acknowledge and agree that PoolOfExperts.ch or its Venture Partners owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the PoolOfExperts.ch Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from PoolOfExperts.ch before you copy, upload, transmit, reproduce, distribute or in any way exploit any PoolOfExperts.ch Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the PoolOfExperts.ch Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use PoolOfExperts.ch's trade names, service marks or any other trade insignia. Any use of PoolOfExperts.ch's trade names, services marks or any other trade insignia shall be subject to PoolOfExperts.ch's prior written consent.
Privacy
Our information is not sold, bartered or traded by PoolOfExperts.ch. Correctly entering your contact information is important so that Users requiring Expert assistance can contact you. PoolOfExperts.ch may display URLs or icons that allow Users to link to other web sites. Any content, representations, or warranties made on such other web sites regarding privacy or any other matter are the sole responsibility of the operator of the site, and PoolOfExperts.ch assumes no liability, obligation, or responsibility for such content, representations, or warranties.
For more information regarding PoolOfExperts.ch's protection of your information, please consult PoolOfExperts.ch's Privacy Policy, which is incorporated herein by this reference.
No Agency
PoolOfExperts.ch is completely independent from you. You agree that you are not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or any other similar type of relationship with PoolOfExperts.ch, and no such relationship(s) are intended nor created by this Agreement.
Independent from Third Party Commercial Transactions
Through your uses of the PoolOfExperts.ch Service, you may have opportunities to order and purchase services from other subscribers to the PoolOfExperts.ch Service and Users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to services offered by you through the PoolOfExperts.ch service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. PoolOfExperts.ch and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser. You agree not to resell, reproduce, or copy information obtained from PoolOfExperts.ch or through PoolOfExperts.ch Services, nor exploit your membership or association with PoolOfExperts.ch for a commercial or advertising purpose without the express written permission of an authorized representative of PoolOfExperts.ch.
Disclaimers of Warranty
Other than providing a framework in which Experts provide their personal listings, contact information, and professional description, PoolOfExperts.ch does not review or verify the content of postings at its Site. The Experts who participate at PoolOfExperts.ch have not been licensed, certified or tested, nor have they met any requirements other than completing our registration process, which was reviewed but not verified by us. Verification of any claims made by the Experts remains the due diligence responsibility of the individual user.
YOU EXPRESSLY AGREE THAT USE OF POOLOFEXPERTS.CH SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
POOLOFEXPERTS.CH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. POOLOFEXPERTS.CH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
POOLOFEXPERTS.CH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. POOLOFEXPERTS.CH DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES POOLOFEXPERTS.CH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL POOLOFEXPERTS.CH, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("POOLOFEXPERTS.CH AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF POOLOFEXPERTS.CH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY POOLOFEXPERTS.CH SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
PoolOfExperts.ch provides its Services and Site to Users on the assumption that you will act professionally and responsibly. If you do not, you must bear full responsibility for your actions. As a user of the PoolOfExperts.ch Service, you agree to defend, indemnify and hold harmless all participating parties of PoolOfExperts.ch, their officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your User Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. PoolOfExperts.ch reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of PoolOfExperts.ch, which shall not be unreasonably withheld.
Term, Termination
This Agreement shall be effective for as long as you use the Services.
You may terminate this Agreement with or without cause, upon thirty (30) days notice to PoolOfExperts.ch. PoolOfExperts.ch may terminate this Agreement immediately if, based on PoolOfExperts.ch's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of PoolOfExperts.ch Services or Site, (ii) infringed or violated any intellectual property right of PoolOfExperts.ch or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party or (iv) violated the ethical and professional standards required from its Users. PoolOfExperts.ch reserves the right to modify or discontinue the Service or any portion thereof with or without notice to any User. PoolOfExperts.ch shall not be liable to any User or any third party should PoolOfExperts.ch exercise its right to modify or discontinue the Service, except that, if the service is discontinued though no fault of the User, an Expert who has paid an annual fee for services shall be entitled to a pro rata refund of the unused portion of the fee.
The termination of this Agreement shall terminate your access to the Services. PoolOfExperts.ch shall not be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable to PoolOfExperts.ch prior to the effective date of termination of this Agreement.
Severability
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. PoolOfExperts.ch's failure to act with respect to a breach by you or others does not waive PoolOfExperts.ch's right to act with respect to subsequent or similar breaches.
Revisions and Amendments
PoolOfExperts.ch may modify this Agreement or its Privacy Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the PoolOfExperts.ch, currently located at http://www.PoolOfExperts.ch, or by a message from PoolOfExperts.ch sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription. However, if you do not terminate your registration, or continue to use the PoolOfExperts.ch, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification
Jurisdiction and Governing Law: Swiss Law Applies
This Site is controlled and operated from our offices in Zurich, Switzerland. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the Canton of Zurich in Switzerland, without regard to conflicts of laws principles. The courts of the Canton of Zurich (Switzerland) shall have exclusive jurisdiction to adjudicate any dispute arising out of or in connection with this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either international air mail sent to the address you provide PoolOfExperts.ch in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
Notices
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at support@PoolOfExperts.ch, and to you at the email address you provide PoolOfExperts.ch during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.