Ok, I got my first threat of a lawsuit from a user today.

He had a minor issue, used the wrong email address to contact me, which he 
eventually figured it out. After trying to help him, he got belligerent and 
I issued a refund. For that, he's threatening to sue me. What is it with 
someone who pays $2.99 for a mobile application that they think gives them 
the right to demand anything besides a refund? You'd think with all the 
alphabet soup after his name, he'd have enough smarts to figure this out. 

*Randy:

Did I ask you to cancel my order & issue a refund, thus reverting the app 
on my phone to a “Free” version? No I didn’t. Furthermore, I’m reviewing 
the EULA as I type, & at first glance (will rescind if I determine 
otherwise), your action has violated the Terms and Conditions under Section 
6, Termination.
*
*Me:

"As a Premium member I deserve an answer. Repeat, this is my third attempt 
at reaching out. Past attempts have gone unanswered to date, & I find this 
unacceptable."

Statements like this will get an immediate refund. 

In the EULA, under "Miscellaneous" item #6:

The Company reserves the right to terminate access to servers from any 
application for any reason without notice.

Perhaps it's time for you to find another radar application. Obviously, you 
are not happy. I recommend "WeatherBug" or "Weather Channel" as to 
excellent choices.

Good luck.
*
*Randy:

Sorry John, but you have crossed a fine line. Regardless of whether I would 
want to continue to use the app is obviously my choice.

Your interpretation & subsequent action under Section 10, Item 6, 
“Miscellaneous” is subject to broad interpretation by any State or Federal 
court, and I will take any and all necessary actions to pursue an 
injunction.

Please provide me with the full contact information of the legal contact 
for USNaviguide LLC (or if you represent yourself as the owner) at your 
earliest convenience.

Regards,

Thomas R. (Randy) Dunson, MBA PMP
*
*Me:

USNaviguide LLC can issue a refund and ban anyone from using our 
application that we see fit, for any reason. Go hire a lawyer. Go waste 
your money and time. I can just hear the laughter emanating: "So you want 
to sue a company that issued you a $2.99 refund because you're being 
belligerent? Sir, I don't think you have much of a case but for a $10,000 
retainer, we'll look into it."

This is my official response:

"Go fly a kite."

You are banned. Find another application, find something better to do and 
get a friggin life for Christ's sake.
*
*Randy's last comment:

Thanks for making an ancillary case for me by slandering me below by the 
statements under “This is my official response:” below.

My attorney is copied on this email.

Regards,

Thomas R. (Randy) Dunson, MBA PMP
*

-- 
You received this message because you are subscribed to the Google Groups 
"Android Discuss" group.
To post to this group, send email to [email protected].
To unsubscribe from this group, send email to 
[email protected].
Visit this group at http://groups.google.com/group/android-discuss?hl=en.
For more options, visit https://groups.google.com/groups/opt_out.


Reply via email to