"You" and "your" refer to you, as a user of our Products. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses our Products. "We," "us," and "our" refer to Email Marketing.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with our Products, such as comment, blogs, ratings, reviews, "likes," "helpful" votes, comments, questions, replies, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with our Products. "Email Marketing Content" means Content that we create and make available in connection with our Products. "Third Party Content" means Content that originates from parties other than Email Marketing or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with our Products, including Your Content, User Content, Third Party Content, and Email Marketing Content.
You may access or use our Products only if you are 18 years or older, and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from our Products or closed your account.
Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device (e.g. an iOS or Android app, or a browser bookmarklet). You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. If you are accessing our Products as an individual, then any and all use must be for your personal, non-commercial use only. If you are accessing our Products on behalf of a business entity, then any and all use must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Email Marketing. Your use of our Products is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Products. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
You represent that any information that you provide when creating your Email Marketing account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you represent a business, brand, or product, you must disclose your affiliation in any reviews or other User Content that you may post.
For any portion of the Products requiring a usage or subscription fee, after the free trial period (if any) your credit card will be charged on a recurring basis according the service plan you have chosen. Unless you cancel the free trial prior to the end of the trial period, you will be automatically enrolled in and charged service fees for the service plan that you have chosen. Charges for all service plans are NON-REFUNDABLE, even if you do not like or use our Products. However, exceptions for extenuating circumstances will be considered on a case by case basis in Email Marketing's sole and absolute discretion.
Canceling your account will cause us to stop automatically charging your credit card at the end of your billing period. You will still be able to use your service until the end of the then-current billing period. Canceling your account does not refund your money, as charges are nonrefundable.If you are dissatisfied for any reason, your sole right and exclusive remedy is to cancel your account. No refunds for all or any portion of Products will be given.Email Marketing reserves the right to suspend your account if unable to charge your credit card. Access to the site under these Terms is granted only upon payment of the subscription fees.
Any dispute relating to payments or fees paid or due to Email Marketing are subject to Sections 12 and 13 of these Terms (including but not limited to Email Marketing being entitled to recover its legal and collection costs pertaining to any amounts due and owing to Email Marketing).
You retain all rights in, and are solely responsible for, Your Content. However, you grant Email Marketing the right to use Your Content in the ways described below.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Email Marketing.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us a perpetual, non-exclusive, royalty-free, assignable, transferable, sublicensable, worldwide license to use Your Content for any purpose and you irrevocably waive, and cause to be waived, against Email Marketing and its users any claims and assertions of moral rights or attribution with respect to Your Content; however, we will not use Your Content that you create for purposes of communicating with your customers or your customer contact information other than for purposes of fulfilling our obligations to you as our client. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
We will retain full rights to Your Content until such time as you deactivate your account (resulting in all of Your Content being deleted from Our Products), or remove a specific piece of Your Content from Email Marketing (for example, editing or deleting a specific rating, review, question, or comment). Following termination or deactivation of your account, or if you remove Your Content from Email Marketing, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Email Marketing and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of Your Content that other users may have stored or shared through our Products.
As between you and Email Marketing, you own Your Content. We own Email Marketing Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with Email Marketing Content and our Products, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Email Marketing Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Products and Email Marketing Content are retained by us.
We may publicly display advertisements and other information adjacent to or included with Your Content (for example, a product advertisement may be featured next to your review of that product). You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by Email Marketing) does not necessarily reflect the opinion of Email Marketing. We reserve the right to remove, modify, or reinstate User Content at our sole discretion for any reason, and without notice to you. For example, we may remove User Content if we believe it violates these Terms or our policies. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
Please don't use Email Marketing to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
We work hard to protect the security of your content and account, however Email Marketing cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
If you choose to submit comments, ideas or feedback to Email Marketing, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Email Marketing does not waive any rights to use similar or related Feedback previously known to Email Marketing, or developed by its employees, or obtained from sources other than you.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Email Marketing. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Email Marketing, you do so at your own risk and you agree that Email Marketing will have no liability arising from your use of or access to any third-party website, service, or content.
We may close your account, suspend your ability to use certain portions of our Products, and/or ban you altogether from our Products for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, our Products, Your Content, Site Content, or any other related information
In the event of termination, you continue to be bound by Sections 3 and 8-14 of these Terms.
You agree to indemnify, defend, and hold Email Marketing, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Email Marketing Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to
(i) Your Content or your access to or use of our Products,
(ii) your violation of the Terms,
(iii) any products or services purchased or obtained by you in connection with our Products, or
(iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SendEmail Marketinglane reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Email Marketing. Email Marketing will use reasonable efforts to notify you of any claim, action or proceeding after becoming aware of it.
Unless otherwise expressly provided in writing, the Products and all included content are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied, unless expressly otherwise provided.
DOES NOT GUARANTY ANY SPECIFIC RESULTS IN REGARDS TO THE USE OFTHE PRODUCTS;
DOES NOT GUARANTY THAT INFORMATION, DATA OR OTHER EMAIL MARKETING CONTENT AVAILABLE ON OUR SITES OR AS PART OF OUR PRODUCTS (INCLUDING WITHOUT LIMITATION SOFTWARE, RELATED MATERIALS OR SERVICES) WILL BE ACCURATE OR ERROR-FREE; AND
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Email Marketing takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Email Marketing is not responsible for any typos, errors or pricing errors. Although we strive to prevent errors, posted prices are not final until transactions are processed by Email Marketing.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMAILMARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL EMAILMARKETING'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED THE MOST RECENT MONTHLY SERVICE FEE (IF ANY) THAT YOU PAID TO EMAILMARKETING.
For any dispute you have with Email Marketing, you agree to first contact us and attempt to resolve the dispute with us informally. If Email Marketing has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Email Marketing agree otherwise, the arbitration will be conducted in San Diego, CA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Email Marketing will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EMAIL MARKETING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in San Diego, California, for any actions not subject to Arbitration.
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
a. Access and updates to our Products
We reserve the right to modify, update, or discontinue our Products at our sole discretion, at any time, for any or no reason, and without notice or liability.
b. Changes to terms
We may modify the Terms from time to time. You understand and agree that your access to or use of our Products is governed by the Terms effective at the time of your access to or use of our Products. If we make material changes to these Terms, we will notify you by email or via our Products prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Email Marketing without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
d. Entire Agreement / Severability
e. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Email Marketing's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.