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Terms Of Service &
Conditions Of Use
The following describes the Terms of Service
Conditions of Use for our http://EmailMarketingUncut.com website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.
BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT
UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY
MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO
YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS,
ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT
LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR
WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and
Conditions of Use. Please read them carefully.
Our EmailMarketingUncut.com website (and other “internal” websites stemming from it,
such as specific membership sites or webpages pertinent to the main
website or weblog) is an online (and, periodically, offline) information
service and is subject to your compliance with the terms and conditions
set forth below (all parts and parties collectively referred to as our
website).
Any other policies, notices, or other legal/administrative pages contained
in our website are necessarily incorporated into these Terms of Service
and Conditions of Use. This may include, without limitation, a DMCA
Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy,
and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your use
of our http://EmailMarketingUncut.com website and the content and materials provided
in it.
Our website is an independent, stand-alone entity that has no
relationship, connection, or affiliation whatsoever with any company,
person, outfit, organization, or group mentioned herein, even if such name
appears in our website name, domain, URL, or otherwise. You should assume
no other party, by mere mention of their name, has endorsed anything you
see here. The aim is simply to provide useful resources for our readers,
some of which we may be compensated for. You should simply assume at all
times we are being compensated and, while that may not prompt us to make
unsound recommendations, you should always be responsible for your own
financial decisions, be it investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for
our website.
The entire contents of our website are protected by intellectual property
law, including international copyright and trademark laws. The owner of
the copyrights and/or trademarks are our website, and/or other third party
licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post,
software, application, add-on, plugin, art, graphics, images, photos,
video, webinar, recording or other materials viewed or listened to through
or from our EmailMarketingUncut.com website or via email or by way of protected
content in a membership site. The posting of data on our website, such as
a blog comment, does not change this fact and does not give you any right
in the data. You surrender any rights to your content once it becomes part
of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other
proprietary notices contained in the original content on any copy you make
of the content. You may not sell or modify the content or reproduce,
display, publicly perform, distribute, or otherwise use the content in any
way for any public or commercial purpose. The use of paid content on any
other website or in a networked computer environment for any purpose is
prohibited. If you violate any of the terms or conditions, your permission
to use the content automatically terminates and you must immediately
destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use
our website only for private, personal, noncommercial reasons. You may
print and download portions of material from the different areas of the
website solely for your own non-commercial use, provided that you agree
not to change the content from its original form. Moreover, you agree not
to modify or delete any copyright or proprietary notices from the
materials you print or download. Also note that any notice on any portion
of our website that forbids printing & downloading trumps all prior
statements and controls.
As a user, you agree to use the products and services offered by our
website in a manner consistent with all applicable local, state and
federal laws and regulations. No material shall be stored or transmitted
which infringes or violates the rights of others, which is unlawful,
obscene, profane, indecent or otherwise objectionable, threatening,
defamatory, or invasive of privacy or publicity rights.
Our http://EmailMarketingUncut.com website prohibits conduct that might constitute a
criminal offense, give rise to civil liability or otherwise violate any
law. Any activity that restricts or inhibits any other user from using the
services of our website is also prohibited. Unless allowed by a written
agreement, you may not post or transmit advertising or commercial
solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free,
worldwide, irrevocable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of our
website (such as bulletin boards, forums, blog, and newsgroups) or by
e-mail to our website by all means and in any media now known or hereafter
developed. You also grant to our website the right to use your name in
connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against our
website for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to our website.
Trademarks
Publications, products, content or services
referenced herein or on our website are the exclusive trademarks or
servicemarks of our EmailMarketingUncut.com website or related parties. Other
product and company names mentioned in our website may be the trademarks
of their respective owners.
Links to Our Website
You may provide links to our website, provided you
do not change, remove, or obscure the copyright notice or other notices on
our website. Your website or other source of links must not engage in
illegal or pornographic activities. Finally, you may link provided you
understand that you must stop linking to our website immediately upon
request by our website.
2. Use of our website.
You agree, acknowledge, and accept that we are not
trained professionals and do not purport to render professional or expert
advice in any arena.
Data contained on or made available through our http://EmailMarketingUncut.com
website is not intended to be, and does not constitute, legal advice. Our
website, and your use of it, does not create an attorney-client
relationship. We do not warrant or guarantee the accuracy, adequacy, or
recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to
be, and does not constitute, medical or health advice. Our website, and
your use of it, does not create a physician-patient relationship. We do
not warrant or guarantee the accuracy, adequacy, or recency of the data
contained in or linked to our website.
Data contained on or made available through our website is not intended to
be, and does not constitute, financial/investing advice. Our website, and
your use of it, does not create an advisor-client relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data
contained in or linked to our website.
Your use of our EmailMarketingUncut.com website or materials linked to our website
is completely at your own risk. You should not act or depend on any data
on our website, where applicable, without seeking the counsel of a
competent lawyer licensed to practice in your jurisdiction for your
particular legal issues. You should not act or depend on any data on our
website, where applicable, without seeking the counsel of a competent
physician licensed to practice in your jurisdiction for your particular
medical issues. You should not act or depend on any data on our website,
where applicable, without seeking the counsel of a competent financial
advisor licensed to practice in your jurisdiction for your particular
financial needs and issues.
We may make changes to the features, functionality or content of our
website at any time. We reserve the right in our sole discretion to edit
or delete any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own personal,
non-commercial benefit. In no way are you to leverage our website in a way
that mines for the personal information of other, whether in blog comments
or otherwise, for your own use or for the benefit of others. This
includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you
shall not share this with anyone else.
Restricted access
Access to certain areas of our http://EmailMarketingUncut.com
website is restricted. We reserve the right to restrict access to other
areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to
access restricted areas of our website or other content or services, you
must ensure that that user ID and password is kept confidential. You may
not share your user ID and/or password with anyone for any reason, either
directly or indirectly. You accept responsibility for all activities that
occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you
breach any of the policies or terms governing your use of our
EmailMarketingUncut.com website or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information,
products or services clearly identified as being supplied by our website,
our website does not operate, control or endorse any information, products
or services on the Internet in any way. Except for information identified
by our website as such, all information, products and services offered
through our website or on the Internet generally are offered by third
parties that are not affiliated with our website, and we may be
compensated.
Viruses, etc.
You also understand that our
EmailMarketingUncut.com website
cannot and does not guarantee or warrant that files available for
downloading through our website will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to
our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS
YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our http://EmailMarketingUncut.com
website makes no representations about the accuracy, reliability,
completeness, or timeliness of the content or about the results to be
obtained from using our website or the content on it. Use of our website
and the content is at your own risk. Changes are periodically made to our
website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR
THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR
WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR
ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR
THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A
CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND
ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
Our website contains links to third party
Websites. Our EmailMarketingUncut.com website makes no representations whatsoever
about any other website which you may access through this one or which may
link to this website. When you access a website from our website, please
understand that it is independent from our website, and that our website
has no control over the content on that website. These links are provided
solely as a convenience to you and not as an endorsement by our website of
the contents on such third-party Websites. Our website is not responsible
for the content of linked third-party Websites and does not make any
representations regarding the content or accuracy of material on such
third party Websites. If you decide to access linked third-party Websites,
you do so at your own risk. We do not necessarily endorse, recommend,
suggest or otherwise make any overture or prompt for action regarding any
product or service offered. You should assume we are compensated for any
purchases you make. Again, any income claims should be construed as
atypical results and you assume the risk that inferior results obtain,
including losses, for which we carry no responsibility or liability.
User Submissions
As a user of our http://EmailMarketingUncut.com website, you
are responsible for your own communications and are responsible for the
consequences of their posting. You must not do the following things: post
material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that
reveals trade secrets, unless you own them or have the permission of the
owner; post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others; post
material that is obscene, profane, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user of our website or any
other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
Our website does not represent or guarantee the truthfulness, accuracy, or
reliability of any communications posted by other users of our website or
endorse any opinions expressed by users of our website. You acknowledge
that any reliance on material posted by other users of our website will be
at your own risk.
Our EmailMarketingUncut.com website does not necessarily screen communications in
advance and is not responsible for screening or monitoring material posted
by users of our website. If observed by our website and/or notified by a
user of communications which allegedly do not conform to this agreement,
our website may investigate the allegation and determine in good faith and
its sole discretion whether to remove or request the removal of the
communication. Our website has no liability or responsibility to users of
our website for performance or nonperformance of such activities. Our
website reserves the right to expel users of our website and prevent their
further access to our website for violating this agreement or any law or
regulation, and also reserves the right to remove communications which are
abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet
users to disclose much personal information about themselves, in a way
that seems innocuous, if not proper and expected. However, more than a few
folks have already lived to regret personal information that was shared
either by them or others. This has long been true of simple email. It is
exponentially true of social websites and applications for social media on
any other website, including this one. You are cautioned against
carelessly disclosing information.
3. Indemnification.
You agree to indemnify, defend and hold harmless
our EmailMarketingUncut.com website, its members, officers, directors, employees,
agents, licensors, suppliers and any third party information providers to
our website from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any use of our
website or violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of our website and
its owners, officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its/their own behalf.
5.Term; Termination.
We reserve the right to investigate
complaints or reported violations of these Terms of Service and Conditions
of Use and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any data
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by
EmailMarketingUncut.com
without notice at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No
Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any
termination of this Agreement, in whole or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other
Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor
is a serious matter and should NOT be based solely on data contained on
our website or in advertisements.
The law is constantly changing and the data may not be complete or
accurate depending on your particular legal issue. Each legal issue
depends on its individual facts and different jurisdictions have different
laws and regulations. This is why you should seriously consider hiring
licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source of
diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just one
factor to consider before making any investments or financial decisions.
For these, and other, reasons, you should look to the guidance of a
trained professional, not a website.
You may send us email, but in no instance will this communication in any
way be construed as initiating an attorney-client relationship, or other
professional relationship, and so the contact should not include
confidential or sensitive data because your communication will not be
treated as privileged or confidential.
7.Miscellaneous.
Governing Law
This Agreement shall treated as though executed,
set in force, and performed in the State of YOURSTATE. Accordingly, it
shall be governed and construed in accordance with the laws of YOURSTATE
in terms of those applicable to agreements, without regard to conflict of
law principles.
Disputes
Any cause of action by you with respect to our
http://EmailMarketingUncut.com website must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in these Terms of Service
and Conditions of Use. Any legal claim arising out of or relating to these
Terms of Service and Conditions of Use or our website, excluding
intellectual property right infringement and other claims by us, shall be
settled confidentially through mandatory binding arbitration per the
American Arbitration Association commercial arbitration rules. The
arbitration shall be conducted in YOURSTATE. Each party shall bear one
half of the arbitration fees and costs incurred, and each party shall bear
its own lawyer fees. All claims shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party.
Modification
Neither the course of conduct between the parties
nor industry trade practice shall act to modify any provision of this
Agreement.
Assignability
Our website may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and
Conditions of Use shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party (i.e. –
“contra preferentum”) shall not apply in interpreting these Terms of
Service and Conditions of Use, as the Agreement shall be construed as
having been co-authored by the parties.
Severability
Should any part of these Terms of Service and
Conditions of Use be held invalid or unenforceable, that portion shall be
construed as much as possible consistent with applicable law and
severability shall apply to the remaining portions, so that they remain in
full force and effect.
This Agreement Prevails
To the extent that anything in or associated with
our website is in conflict or inconsistent with these Terms of Service and
Conditions of Use, these Terms of Service and Conditions of Use shall take
precedence.
Waiver
Our failure to enforce any provision of these
Terms of Service and Conditions of Use shall not be deemed a waiver of the
provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall
survive any termination of this agreement.
Any rights not expressly granted herein are reserved to
EmailMarketingUncut.com.
CHANGE NOTICE: As with any of our administrative and legal notice
pages, the contents of this page can and will change over time.
Accordingly, this page could read differently as of your very next visit.
These changes are necessitated, and carried out by EmailMarketingUncut.com, in order
to protect you and our http://EmailMarketingUncut.com website. If this page is
important to you, you should check back frequently as no other notice of
changed content will be provided either before or after the change takes
effect.
COPYRIGHT WARNING: The legal notices and administrative pages on
this website, including this one, have been diligently drafted by an
attorney. We at EmailMarketingUncut.com have paid to license the use of these legal
notices and administrative pages on http://EmailMarketingUncut.com for your
protection and ours. This material may not be used in any way for any
reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the
contents of this page, or simply wish to reach us for any other reason,
you may do so by using our Contact information.
CONTACT INFORMATION:
http://ZigZagWare.com/helpdesk.html
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