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 IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUR USER ACCESS WILL BE WITHDRAWN AND YOUR DATA WILL BE SUBJECT TO DELETION.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.
2. Policies. All CUSTOMERS and clients of MyEmailProgram agree to abide to all the policies including but not limited to the, anti-spam policy
, content policy
, and other policies included and posted to MyEmailProgam’s website. MyEmailProgram may add to or change these policies during the course of the provided services. Any such modifications or additions become effective when published to the website.
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.
4. Purchase. Pricing varies based on the services and package level chosen by the CUSTOMER. At any time should the CUSTOMER surpass the limits of subscribers or sends included in their monthly package, their access to the services may be disabled until a payment upgrade is made.
5. Fees and Payment. Fees paid by the CUSTOMER are non-refundable. Fees are not dependent on the delivery of email to recipients. CUSTOMER acknowledges that MyEmailProgram can not guarantee the delivery of email to subscribers or recipients. All Fees are exclusive of taxes, levies, or duties imposed by taxing authorities. Unless collected and remitted by MyEmailProgram, CUSTOMER is responsible for payment of all taxes due to a governmental authority, if any, except for taxes imposed on MyEmailProgram’s net income. Payments for fees are billed monthly and will be due immediately upon receipt of invoice. If CUSTOMER is paying for service with a credit card, CUSTOMER hereby authorizes JP Squared Consulting Inc. to charge said credit card for fees monthly until the CUSTOMER’S account is terminated. If said credit card is declined or expires, the MyEmailProgram may notify the CUSTOMER by phone or mail.
6. Subscriber Data. MyEmailProgram will not own any data, information or material that the CUSTOMER uploads, creates, or imports with the Services. The CUSTOMER alone is responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data, and CUSTOMER is responsible for maintaining, securing and storing all CUSTOMER Recipient Data in accordance with applicable law. MyEmailProgram has no obligation to keep any CUSTOMER data after the termination of the CUSTOMER’S account or use of the services. MyEmailProgram is under no obligation to notify the CUSTOMER before deletion of any customer data.
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.
9. Proprietary Rights. This is an agreement for services and CUSTOMER is not granted any license hereunder. All software and features of the services as owned by MyEmailProgram are the exclusive property of MyEmailProgram. CUSTOMER agrees to not transfer, sell, lease, or grant any interest to the rights of the services or software.
10. Representations, Warranties and Covenants. CUSTOMER represents and warrants to MyEmailProgram that: (i) if an individual, CUSTOMER is at least eighteen (18) years old; (ii) if an entity, it is a company duly organized and validly existing in good standing
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.
12. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
13. Reservation of Rights: The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.
14. Third Party Services: Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
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).
16. Governing Law. This Agreement will be governed by the laws of the State of Colorado, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction.