Updated- May 1,2016
Terms of Service Agreement Between User And Email Ideas
The Web Site ( Email Ideas.com) is operated by Email Ideas or its affiliates or subsidiaries ("EI" or "Email Ideas"), is comprised of various web technologies, software, and applications. The Email Ideas Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of the Email Ideas Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the Email Ideas website may also be subject to additional terms outlined elsewhere on the website (the "Additional Terms").
Additionally, the Email Ideas Web Site may contain additional terms that govern particular offers (for example, discounts, group rates, promotional pricing). You agree to be bound by all terms and conditions in regards to pricing.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE
By accessing or using this Site, you agree to these terms of service, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
Modification Of These Terms Of Use
Email Ideas reserves the right to change the terms, conditions, and notices under which the Email Ideas Web Site is offered, including but not limited to the charges associated with the use of the Email Ideas Web Site. You are responsible for regularly reviewing these terms and conditions.
Use Of Site. Personal And Non-Commercial Use Limitation.
Unless otherwise specified, the Email Ideas Web Site is for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Email Ideas Web Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own use, or to place an order with Email Ideas or to purchase Email Ideas products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Email Ideas is strictly prohibited. Harassment in any manner or form on the Site including via e-mail, any obscene or abusive language is strictly forbidden. Impersonation of others, including a Email Ideas employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights And Trademarks.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Email Ideas. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners. Notices And Procedures For Making Claims Of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Email Ideas respects the intellectual property of others, and we ask our users and visitors to do the same.
Email Ideas will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Email Ideas will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Email Ideas the following information. Please be advised that to be effective, the Notification must include ALL of the following: 1: A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2: A description of the copyrighted work that you claim has been infringed; 3: A description of where the material that you claim is infringing is located on the Site; 4: Your address, telephone number, and email address and all other information reasonably sufficient to permit Email Ideas to contact you; 5: A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6: A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may use the contact form or send via the chat application on the bottom right corner of this page.
Pricing
The list price for a one year subscription is $89.95.
Discounts
All discounts are based upon a limited time period, and can not be applied retroactively. Any and all use, deliverability, and warranty are limited to the first 30 days of use after payment is processed. You agree with the submission of payment, to all terms and conditions including to all refund policies,
Refunds
You agree with the submission of payment, to all terms and conditions including to all refund policies, All refunds are based upon the "list price" of the email signature, divided by the number of months (12) in calendar year. $89.95 divided by 12 = $7.50 monthly rate. The cost of the service is applied against any owed balance (regardless of price paid) and then the remainder may be eligible for a pro-rated refund, All refunds are at the management's discretion, and you agree that their decision is final.
Pro-rated Refunds
Pro-rated refunds are subject to a number of conditions:
1.You may file a pro-rated refund claim for any balance remaining in your membership, subject to all terms and
conditions.
2. All sale or discounted purchases (below the list price of $89.95) are ineliginle for a refund after 30 days,
3. Multi-Year/Group Discounts or a combination of discounts are ineligible for a refund after 30 days.
4. Your account must be in "good standing" meaning your account must be current. All renewals must be without interruption (shut-off) from inception to the date of the pro-rated refund request. You agree any non-payment or delayed payment in the terms of this agreement would constitute as a breach of this agreement, refund provisions, or any warranty or claim.
3. Any claim must be submitted via the "contact form" on the contact page or the chat function at the bottom right portion of this page.
Typographical Errors.
In the event a Email Ideas product or service is listed at an incorrect price due to typographical error or error in pricing information, Email Ideas shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Email Ideas shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Email Ideas shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or purchasing process. These terms and conditions, or any of them, may be modified or terminated by Email Ideas without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
User Participation.
Email Ideas does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Email Ideas is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Site. However, Email Ideas reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Email Ideas at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Email Ideas in accordance with Email Ideas privacy policy.
User Submissions.
Except for any personally identifiable information we may collect from you under the guidelines established in our privacy policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Email Ideas will have no obligation with respect to the Communications. Email Idaes and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
Third-Party Links.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Email Ideas, Email Ideas has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Email Ideas. Email Ideas has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Email Ideas sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through the site. Nonetheless,
Disclaimer.
Email Ideas makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Email Ideas does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMAIL IDEAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EMAIL IDEAS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMAIL IDEAS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation Of Liability. IN NO EVENT SHALL EMAIL IDEAS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EMAIL IDEAS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
You agree to indemnify, defend, and hold harmless Email Ideas, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Site using your account.
Applicable Laws.
Your use of this Site shall be governed in all respects by the laws of the State of Washington. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Email Ideas products) shall be in the state or federal courts located in King County, Washington. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Email Ideas products) must be commenced within one (1) year after the claim or cause of action arises. Email Ideas failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Email Ideas may assign its rights and duties under this Agreement to any party at any time without notice to you. Email Ideas makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Washington state do so on their own initiative and are responsible for compliance with applicable local laws.
Arbitration.
By using this Site, you agree that Email Ideas, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
