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Membership Agreement ● Terms & Conditions ● eBlastConnection.com, LLC
This Agreement applies to your use of the Website owned or operated by
eBlastConnection.com, LLC (“eBalstConnection.com,” "we," "us," or "our"). All
membership purchases and all access to our Website are subject to the following
terms & conditions. By using our Website and one of our online fee-based
services or offerings (collectively, our “Website”), you agree to the terms and
conditions set forth in this Membership Agreement (this “Agreement”). We reserve
the right, in our sole discretion, to change, modify, add or remove provisions
of this Agreement at any time. By using this Website after we post any changes
to this Agreement or otherwise notify you of such changes, you agree to accept
those changes, whether or not you have reviewed them. If you do not agree to
this Agreement, you should not use our Website and you should arrange to cancel
your membership with us, as applicable. By using this Website, you agree to be
legally bound and to abide by this Agreement, just as if you had signed this
Agreement.
We grant you a non-exclusive, non-transferable, limited right to access, use and
display this Website and the material provided hereon, and the Fee-Based
Services that you subscribed to provided that you comply fully with the
provisions of this Agreement. You agree not to assign, transfer or sublicense
your rights as a registered user of, or subscriber to, this Website. You
understand that only you may use your user account and password. You agree to be
financially responsible for all usage or activity of Fee-Based Services
subscribed to by you.
If you do not comply with this Agreement at any time, we reserve the right to
cancel or terminate your password, user account, and/or access to this Website
and we may immediately deactivate or delete your user account and all related
information and/or files in your user account. In our sole discretion and
without prior notice or liability, we may discontinue, modify or alter any
aspect of the Website. Further, you agree that we shall not be liable to you or
any third-party for any termination or cancellation of your access to, or use
of, our Website, except for a refund of any fees or charges prepaid by you with
respect to our Fee-Based Services. You acknowledge that your only right with
respect to any dissatisfaction with any modification or discontinuation of
service made by us pursuant to this provision or this Agreement, or any policies
or practices by us in providing this Website, including without limitation any
change in content or any change in the amount or type of fees or charges
associated with the Fee-Based Services, is to cancel or terminate your
membership or registered user account, as applicable.
As a subscriber to this Website, you agree as follows:
A. You agree to pay, using a valid credit card, charges and fees set forth on
this Website, applicable taxes, and other charges and fees incurred in order to
access our Fee-Based Services. We reserve the right to increase charges and
fees, or to institute new charges, at any time upon reasonable advance notice
communicated to you through a posting on this Website or such other means as we
may deem appropriate from time to time (including electronic mail or
conventional mail). We will automatically charge your credit card at the start
of the standard billing period and at the start of each renewal period, unless
you terminate or cancel your membership before the relevant renewal period
begins. The renewal charge will be the same as the prior period's charge, unless
we notify you in advance at the time of sign up or prior to the beginning of the
renewal period as described above. Each time you use our Fee-Based Services you
reaffirm your agreement that we may charge your credit card. In the event we
cannot charge your account, we reserve the right to terminate your access to our
Fee-Based Services.
B. In addition to the fees and charges set forth above, you are responsible for
all charges and fees associated with connecting to our Website, including
without limitation all telephone access lines (including long-distance charges,
when applicable), internet service provider fees, telephone and computer
equipment, sales taxes and any other fees and charges necessary to access our
Website.
C. To obtain a membership to our Website, you agree to provide us with true,
accurate and complete information during the sign up process to our Website
("Membership Data"), including your legal name, address, telephone number, email
address and applicable billing information (e.g., credit card number and
expiration date), and to allow us to share your Membership Data with third
parties for the purpose of verifying the information you provide and billing
your credit card. You agree to maintain and promptly update the Membership Data
to keep it accurate. Without limiting any other provision of this Agreement, if
you provide any information that is untrue, inaccurate, or incomplete, or we
have reasonable grounds to suspect that such is the case, we reserve the right
to suspend or terminate your user account or membership and refuse any and all
current or future use by you of our Website. You are obligated to check the
Website to determine whether your Membership Data is current and accurate, and,
if not, to correct or update your Membership Data including your billing
information.
D. You are entirely responsible for maintaining the confidentiality of your
password and user account information. You must notify us immediately in the
event of any known or suspected unauthorized use of your user account, or any
known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your or anyone else’s password or credit card information. In the
event of a breach of security by you, you will remain liable for any
unauthorized use of your membership until you update your Membership Data. You
are entirely responsible for any and all activities which occur under your user
account.
E. You agree that all membership fees and charges paid by you are nonrefundable.
Cancellation of Membership
Either you or eBlastConnection.com may terminate or cancel your membership to
our Fee-Based Services at any time. You understand and agree that the
cancellation or termination of your membership is your sole right and remedy
with respect to any dispute with us including, without limitation, any dispute
related to, or arising out of: (i) any terms of this Agreement or our
enforcement or application of this Agreement; (ii) any practice or policy of
eBlastConnection.com, including these terms and conditions and our Privacy
Policy, or our enforcement or application of these policies; (iii) the content
available through this Website or any change in content provided through the
Website; (iv) your ability to access and/or use our Website; or (v) the amount
or types of our fees or charges, surcharges, applicable taxes, or billing
methods, or any change to our fees or charges, applicable taxes, or billing
methods. Upon cancellation or termination of your membership to our Website, we
may immediately deactivate your user account and all related information and/or
files in your user account and/or bar any further access to such information
and/or files.
You can cancel your membership by contacting Customer Service or by such other
means as we may provide from time to time. We will attempt to process all
cancellation requests within 72 hours after we receive your request. If you
cancel near the end of your billing period and are inadvertently charged for the
next period’s fee, contact Customer Service to have the charges reversed. We
reserve the right to collect fees, surcharges, or costs incurred before your
cancellation takes effect.
Privacy and Security
Please review our Privacy Policy, which is incorporated into this Agreement by
this reference.
Restrictions on Use of Materials
You acknowledge that this Website contains information, software, photos, video,
text, graphics, music, sounds, questions, creative suggestions, messages,
comments, feedback, ideas, recipes, notes, drawings, articles and other
materials (collectively, "Content") that are protected by copyrights, patents,
trademarks, trade secrets and/or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or
hereafter developed. All Content is copyrighted under the United States
copyright laws (and, if applicable, similar foreign laws), and we own a
copyright in the selection, coordination, arrangement and enhancement of such
Content. You may not modify, publish, transmit, distribute, perform, participate
in the transfer or sale, create derivative works of, or in any way exploit, any
of the Content, in whole or in part. When Content is downloaded to your
computer, you do not obtain any ownership interest in such Content. Modification
of the Content or use of the Content for any other purpose, including, but not
limited to, use of any Content in printed form or on any other website or
networked computer environment is strictly prohibited unless you receive our
prior written consent.
Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video,
text, graphics, music, sounds, questions, creative suggestions, messages,
comments, feedback, ideas, recipes, notes, drawings, articles and other
materials posted, emailed, or otherwise transmitted to or on this Website,
whether posted at our request or voluntarily, and whether publicly posted or
privately transmitted (collectively, the “Postings"), are the sole
responsibility of the person who made such Postings. This means that you are
entirely responsible for all Postings that you post, email or otherwise transmit
to this Website. We do not control the Postings posted, emailed or otherwise
transmitted on our Website by others and, as such, we do not guarantee the
accuracy, integrity or quality of such Postings. Although we have adopted
community standards and conduct guidelines for the users of our Website (as
described below), you understand that by using this Website, you may be exposed
to Postings that are offensive or objectionable. Under no circumstances will we
be liable in any way for any Postings (other than for Content developed by us or
our affiliates), including, but not limited to, for any errors or omissions in
any Postings, or for any loss or damage of any kind incurred as a result of the
use of any Postings posted, emailed or otherwise transmitted to or through this
Website.
You agree not to use this Website to:
- Upload, post, email or otherwise transmit any Postings or other materials
that are unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Postings or other materials transmitted to or through this
Website;
- Upload, post, email or otherwise transmit any Postings or other materials
that you do not have a right to upload, post, email or otherwise transmit under
any law or under contractual or fiduciary relationships (such as insider
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials
that infringe upon any patent, trademark, trade secret, copyright, right of
privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of commercial solicitation, except in those
areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials
that contain software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- Interfere with or disrupt this Website or servers or networks connected to
this Website, or disobey any requirements, procedures, policies or regulations
of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, any regulations
having the force of law;
- "Stalk" or otherwise harass another user or employee of this Website; or
- Collect or store personal data or attempt to collect or store personal data
about other users of the Website.
We may revoke your privileges to use this Website and/or take any other
appropriate measures to enforce these community standards and conduct guidelines
if violations are brought to our attention. We reserve the right to monitor
some, all, or no areas of this Website for adherence to the community standards
and conduct guidelines set forth above or for any other purpose. You acknowledge
that by providing you with the ability to distribute Postings on the Website, we
are acting as a passive conduit for such distribution and we are not undertaking
any obligation or liability relating to any Postings or activities on this
Website. Although we reserve the right to remove, without notice, any posting
for any reason, we have no obligation to delete Postings that you may find
objectionable or offensive.
Parental or Guardian Permission
Individuals under the age of 18 are not permitted to subscribe to Website.
Links
This Agreement applies only to this Website, and not to the websites of any
other person or entity available through links on our Website. We are not
responsible for the availability of such external sites or resources, and do not
endorse (and are not responsible or liable for) any content, advertising,
products, or other materials on or available from such websites or resources.
You further acknowledge and agree that, under no circumstances, will we be held
responsible or liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with your use of, or
reliance on, any content, advertisements, products or other resources available
on any other website (regardless of whether we directly or indirectly link to
such content, advertisements, products or other resources). You should direct
any concerns with respect to any other website to that website's administrator
or webmaster.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER
EBLASTCONNECTION.COM NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE
PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN
THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT
AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS
DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER EBLASTCONNECTION.COM NOR ANY OF
OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO
ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS
WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR
ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM,
(A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR
OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS
WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER
RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR
WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
Indemnification
You agree to indemnify, hold harmless and, at our option, defend us and our
officers, members, employees, agents and representatives from any and all third
party claims, liability, damages and/or costs (including, but not limited to,
reasonable attorney’s fees and expenses) arising from your improper use of this
Website, your violation of this Agreement, or your infringement, or the
infringement or use by any other user of your account, of any intellectual
property or other right of any person or entity.
Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of
the State of Ohio, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to your
use of this Website or this Agreement shall be filed only in the state or
federal courts located in Hamilton County in the State of Ohio and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action.
Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing
party shall be entitled to recover all legal expenses incurred in connection
with the action, including but not limited to its costs, both taxable and
non-taxable, and reasonable attorney's fees. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This Agreement may be modified only
by our posting of changes to this Agreement on this Website, or by written
agreement of both parties. Each time you access this Website, you will be deemed
to have accepted any such changes. We may assign our rights and obligations
under this Agreement. This Agreement will inure to the benefit of our
successors, assigns and licensees. The failure of either party to insist upon or
enforce the strict performance of the other party with respect to any provision
of this Agreement, or to exercise any right under this Agreement, will not be
construed as a waiver or relinquishment to any extent of such party's right to
assert or rely upon any such provision or right in that or any other instance;
rather, the same will be and remain in full force and effect.
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