Ughhh... Sorry to see. Mind boggling.
On Jan 25, 2013 1:14 PM, "John Coryat" <[email protected]> wrote:

> 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
> *
>
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