You are allowed to use this Product under the following terms (“Terms”):
- Eligibility. In order to use this Product, you must be at least eighteen (18) years old or have explicit permission from a parent, guardian, employer, or supervisors to agree to this TOU, and provide true, complete, and up to date contact information. By using the Product you represent and warrant that you meet all of the requirements listed above, and that you will not use the Product in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time.
- Term Period. The Term Period begins when you sign up for an account and continues for as long as you use the Product. In addition, each time you log into the Product you've officially "signed" the TOU. If you sign up on behalf of another person, you represent and warrant that you have the authority to accept this TOU on their behalf.
- Closing Your Account. You may terminate this Agreement according to the agreement maintained with your Provider. We may suspend or terminate the Product from your use in accordance with the separate agreement you enter into with us, or in the event no agreement exists, at any time, with or without cause. Once your account is terminated, we may permanently delete it and all of the data associated with it. If you do not log into your account for 12 or more months, we may treat your account as "inactive" and permanently delete it and all the data associated with it.
- Changes. We reserve the right to change any of part of the TOU by posting a revised TOU on our website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new TOU will become effective immediately and apply to any continued or new use of the Product. We may change the website, the Product, or any features of the Product at any time.
- Integration to Third Party Systems. We are not responsible for any maintenance, development, or support related to integration with any third party system. You are responsible for all fees and costs associated with such integration. Any work provided by us to assist with the integration shall be considered a “best effort service.”
- Proprietary Rights Owned by Us. You expressly agree to respect our proprietary rights in all components comprising the Product. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, copyrights, trade names, and any other intellectual property. The Developer of the Product retains all right, title, and ownership of all aggregate, meta, and individual data relating to your use of the Product, your customers’ and consumers’ use of the Product, and all derivatives, inventions, and insight derived in any way from such data. The Developer of the Product may use, analyze, disclose, organize, sell, distribute, or otherwise access and utilize such data in any way in its sole discretion.
- Proprietary Rights Owned by You. You represent and warrant that you either own or have permission to use all of the material you enter into the Product, including but not limited to, your brand, inventory, content, photographs, videos, push notification messages, and more. You retain ownership of the proprietary materials you upload to the Product. We may use or disclose your materials only as we describe in the TOU.
- Aggregation. The Product may publish any of your data in an aggregated format in accordance with this TOU.
- Right to Review. We may view, copy, and internally distribute content from your account to create algorithms and programs that help us spot problem accounts and for purposes of aggregating data.
General Rules. You agree to the following rules of use:
- You will not send Spam Passes or Messages. Further, you will not use the Product to transmit, disseminate, upload, download, or communicate or interact with, in any way, any: indecent, explicit, unlawful, pornographic, terrorism-related, violent, or incendiary content of any nature.
- You will not put into the Product any material, including graphics or other content, that is not created by you or that would violate any other party's copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights.
- You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information using our Product.
- You will not upload or compose content that contains or offers any unlawful or illegal goods or services.
- You will not share your password.
- You will not try to decipher, decompile, disassemble, or reverse engineer the Product.
- You will not setup multiple accounts for any individual or entity in order to send substantially similar content, unless you are part of a franchise operation or have multiple locations.
- You will not import or incorporate any of the following information into the Product: Social Security Numbers or sensitive personal information of any kind.
- Any breach of this Section will be considered a material breach of this TOU.
Compliance with Laws. You represent and warrant that your use of the Product will comply with all applicable laws and regulations. You are responsible for determining whether the Product is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, PCI, or other laws. If you are subject to regulations (like HIPAA) and you use our Product, then we will not be liable if our Product does not meet those requirements.
If you are located in the European Economic Area (EEA) or send Messages to anyone in the EEA, you represent and warrant that you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws applicable to the countries where you are sending any messages from the Product.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow the Product to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
- US Export Controls. The software that supports the Products is subject to United States export controls and follows all guidelines of the ECR Initiative. No parts of the Products may be downloaded or otherwise exported or re-exported in violation of United States export laws.
- Reporting Violations. If you become aware that anyone is in violation of this TOU, please notify us immediately.
- Limitation of Liability.
IN NO EVENT SHALL WE OR THE DEVELOPERS OF THE PRODUCT BE LIABLE TO YOU, OR ANY PERSON OR PARTY SEEKING A CLAIM OR ACTION THROUGH YOU, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, BUSINESS INTERUPTION, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF WE OR THE DEVELOPER OF THE SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, YOU EXPRESSLY AGREE AND UNDERSTAND THAT OUR LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PREVIOUS THREE (3) MONTHS OF FEES PAID BY YOU.
No Warranties. Location data as well as any maps data provided by the Product or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environment damage. Neither we or nor any of our licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by the Product. All sales, use, and other tax information are estimates only, may not be accurate, and should not be relied upon for any purpose. You are responsible for the payment of all local, state, and federal taxes, and should consult a tax professional when calculating your taxes. All time clock, time tracking, and wage information are estimates generated by the Product, may not be accurate, and are not to be relied upon in any fashion, whether for internal accounting, tax, or any other purposes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND THE DEVELOPERS OF THE PRODUCT EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED USE, ACCURACY, COMPATIBILITY WITH ANY SYSTEM OR SOFTWARE, OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED. ALL PRODUCTS ARE PROVIDED “AS IS.”
Message Notification is for basic informational purposes only and is not intended to be relied upon in situations where such information is needed or where lost, erroneous, inaccurate or incomplete notification may lead to death, personal injury, property or environment damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by the Product. Further, we do not guarantee or represent any specific result or outcome as a result of you utilizing the Product in any way.
- Indemnity. You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that are not permitted under the terms of this TOU due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password or accessing your account behaved in a way that allegedly violated any local, state, or federal law, or any of provision of this TOU.
- Attorney Fees. If we file an action against you claiming you breached this TOU and we prevail, we're entitled to recover reasonable attorney’s fees and any damages or other relief we may be awarded.
- We are not responsible for the behavior of any advertisers, linked websites, customers or consumers, or other end users.
- Equitable Relief. If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.
- Subpoena Fees. If we're required to provide information in response to a subpoena related to your account, then we may charge you for our costs for complying with that subpoena.
- Assignments. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at any time, at our discretion.
- Force Majeure. We will not be liable for any delay, failure in performance, loss or damages or for any failure of the Product because of circumstances beyond our control. Such circumstances may include, but are not limited to: a natural disaster, act of war or terrorism, riot, labor condition, governmental action, power outage, or internet disturbance.
- Severability. If it turns out that a section of this Agreement is not enforceable, that section will be removed or edited, and the rest of the TOU will remain valid.
- Interpretation. The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote this TOU will not affect the way this Agreement is interpreted.
- No Changes in Terms at Request of End User. Because we have so many end users of the Product, we cannot change these Terms for any one end user or group of end users. If we did that, keeping up with the changes would be a logistical nightmare.
- You will provide all documents and take any actions necessary to meet your obligations under this TOU.
- Notification of Security Breach. In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone any additional party, you will promptly forward such information.
- Notices. Any notice to you will be effective when we send it to the last email or physical address you gave us or posted in our Product. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
This policy explains the what, how, and why of the information we collect when you use the Product. It also explains the specific ways we use and disclose that information.
Information We Collect (“Information”)
- Information You Provide to Us: When you register to use the Product, use the product in any way, communicate with our support team, send us an email, or communicate with us electronically in any way (“Personal Information”), you are giving us information that we collect and the right to conduct searches, inquiries, and actions on your behalf that generate information. That information may include: your IP address, name, physical address, email address, phone number, credit card information, wage, salary, employment, and other information of any kind. By giving us this information, you consent to your information being collected, used, disclosed, and stored by us.
- Consumer Lists and Messages: We may retain the digital wallet device identifiers, email addresses, Consumer spending habits, order history, order preferences, social media habits and actions, cell phone numbers, messages you send to Consumer Lists or Customers of any kind, and any other information that Consumers have provided in any way, directly or indirectly, in any format via the Product, in addition to such information that the Developer of the Product may independently develop as a result of analysis or review of any of the aforementioned information types.
- Information from your Use of the Service: We may collect information about how and when you use the Product. This information may include, but is not limited to, your IP address, time, date and browser used, physical address, and actions taken by you within the application. It may also include information posted about you or your business on the internet in any form or listings on various forums and search engines, including but not limited to Google Analytics.
- Cookies: When you register to use the Product, we store "cookies," which are strings of code, on your computer. We use those cookies to collect information about when you visit our websites, when you use the Product, your browser type and version, your operating system, and other similar information. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block our cookies, it may be more difficult (and maybe even impossible) to use the Product.
- Web Beacons: When we send emails to registered consumers we will sometimes track who opened the emails and who clicked the links. We do that to measure our campaign performance and to improve our features for specific segments. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include web beacons in the emails we deliver for you. We use the data from those web beacons to create the reports you see about who has or hasn't opened emails or clicked links. Reports are also available to us when we send you email, so we may collect and review that information.
Use and Disclosure of Information We Collect and Personal Information. We may use and disclose Information we collect and your Personal Information only as follows:
- To promote use of the Product. For example, if you provide personal information when you visit our website or speak with a representative by phone or in person, and do not sign up for a Product, we may send you future communications about the Product and/or signing up. And if you use any of our Products, and we think you might benefit from using another Product we offer, we may send you correspondence asking you about it.
- To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need updated payment or billing information. We may use third parties or internal functionality for secure credit card transaction processing, and we may send billing information to those third parties or other internal departments to process your orders and credit card payments.
- To enforce compliance with the TOU and applicable law.
- To provide customer support.
- To protect the rights and safety of other end users and third parties, as well as our own.
- To meet legal requirements like complying with court orders and valid subpoenas.
- To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, regulatory, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar proceeding.
- To support, improve, and sell Products the Developer of the Product offers. This may include adding features that compare campaigns, or using data to suggest other publishers your customers or consumers may be interested in. The Developer of the Product may provide, sell, and disclose information to third parties to enhance the Product or offer complimentary services based on your use of the Product, and suggestions to you and other entities regarding Customer behavior and order/transaction/sales history. The Developer of the Product may also communicate information about you to third parties and/or internal representatives conducting research regarding the Product, and disclose, sell, license, or otherwise provide any information to third parties for any additional products or services offered by the Developer of the Product, now or in the future.
- To communicate with you about your account for informational purposes.
- To send you informational and promotional content that you may choose (or "opt in") to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in each email.
- Notice of Breach of Security. No one is safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Consumer Lists, then we will notify you as soon as possible and later report the action we took in response.
- Accuracy of Data, Transparency, and Choice. We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you are responsible for notifying us of those changes. We may keep some data indefinitely. We will give you access to any Personal Information about you that we hold within 30 days of any request. Unless it is prohibited by law, we will remove any Personal Information about you from our servers at your request.
© 2008 - 2017 iMobile3, LLC