End User Services Agreement
PLEASE REVIEW THIS END USER SERVICES AGREEMENT (“AGREEMENT”) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER”) AND JP SQUARED CONSULTING INC (“MYEMAILPROGRAM” OR “WE”) WITH RESPECT TO YOUR USE OF JP SQUARED CONSULTING‘S SERVICES AND APPLICATIONS (“SERVICES”). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUR USER ACCESS WILL BE WITHDRAWN AND YOUR DATA WILL BE SUBJECT TO DELETION.
1. Services. Services facilitate the electronic distribution of CUSTOMER created content to lists of subscribers. The services consist then of a web-based application and technology that manages content, subscriber lists, and the delivery and tracking of content. We do not send content to the CUSTOMER’S subscribers but act only as an agent to facilitate the delivery of the CUSTOMER’S content when requested by the CUSTOMER.
3. Free Trial Period. When the CUSTOMER enters into a trial of the services, the CUSTOMER will not be billed for 30 days. The 30 day term of the trial begins on the day that the CUSTOMER is contacted with the user access information for the services. During the trial period CUSTOMERS will have limited access to various services which may include but are not limited to, total number of subscribers, subscriber lists, import capacity, export options, sending volume, and more. At the end of the trial term the CUSTOMER may begin purchasing services according to the posted online pricing schedule. If the CUSTOMER does not choose to begin a paid subscription, their access to the services and the CUSTOMER’S data and content will be restricted.
7. CUSTOMER Information. MyEmailProgram may collect business-related information from CUSTOMER in order to communicate concerning account status or information regarding services. MyEmailProgram may also send marketing communications via email.
8. Passwords. CUSTOMER agrees to keep passwords and other data used to access the services in strict confidence. CUSTOMER must notify MyEmailProgram if there is any loss or compromise of this information. The CUSTOMER will be responsible for any actions or fees incurred as a result of the CUSTOMERS negligent or intentional misconduct.
under the laws of the state in which it was organized; (iii) it has full power and authority to enter into this Agreement, which constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof; (iv) all information provided by it is and will be truthful and accurate; (v) its use of the CUSTOMER Data, the services, including, without limitation, its right to email recipients, is and will at all times be in accordance with the terms and conditions set forth in this Agreement, the Policies and all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property right or other right of a third party.11. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
15. Term and Termination. The CUSTOMER’S term is always monthly unless otherwise agreed upon in writing. The CUSTOMER may terminate their use of the services at anytime. Fees are non-refundable. CUSTOMERS may terminate their use of the services in writing to MyEmailProgram via mail (JP Squared Consulting Inc 6972 West 81st Ave Arvada, CO 80003), email ([email protected]), or phone (303-719-1209).