Please read the following terms and conditions ("Terms") carefully. These Terms govern your access to and use of our product and service ("the Services"), and constitute a binding legal agreement between you, as a user of the Services and Mailgent, and the term "Mailgent", "we", "our" or "us" refers to the owner of this website. Your access to and use of the Services is conditioned on your compliance with these Terms. The term 'you' refers to the user or viewer of our website. You are advised to check the Terms from time to time for any updates or changes that may impact you.
The Services collect personal information from you, such as name and email address, when you sign up for the Services or contact us by email. We also track many of the actions you take on our website in order to improve the Services. Since your information is yours, we will never share this information with anyone unless required by law. We understand that the data you send to us is confidential and treat it as such. We will never share the data you send us with anyone unless required by law. Access will be restricted to the admin members you invite, and to our staff in order to provide support and develop the Services. We do reserve the right to publish aggregated studies, scrubbed of any identifying information, in order to advance the web analytics field and to help promote the Services and their experience.
There is a free version of the Services and there is a paid version. We may change the fees for the Services at any time or require new fees or charges, upon any notice required by applicable law. These changes will be effective immediately upon posting on our website; provided, however, that such fee changes will be effective only as to prospective orders (including renewals) accepted by us after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
You may not use the Services and you may not accept these Terms if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. We do not knowingly allow the use of the Service by a person whose age is under 13. Through the account registration process you are agreeing to the Terms. If you have any questions regarding the Terms and other conditions, please email to .
You are fully responsible for any files, folders and other data ("Content") made available through the Services that you access, sync, share, publicly link, upload, download and otherwise submit to the Services and the consequences of posting or publishing it. You retain all of your ownership rights to your Content. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary rights to use and authorize us to use all rights in and to any and all of your Content in the manner contemplated by the Services and these Terms.
However, you give us permission (and trusted third parties) to ensure our proper management of the Service, and you also give us permission to use your Content to ensure our administrative management of our server and backend.
In connection with Content, you further agree that you will not: (i) submit material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with any Content. We reserve the right, but not the obligation, to decide whether Content is appropriate and complies with these Terms, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
It is our policy to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please give us the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 the copyright owner's behalf. You may contact us via firstname.lastname@example.org.
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
Impersonate or misrepresent your affiliation with any person or entity.
6. Termination & Cancellation
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party, and in fact, we will remove all Content provided by you through your use of the Services and any other information related to your Account from our servers.
You may terminate your Account at any time and for any reason by sending us notice. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
7. Ownership of the Services
The Services are protected by copyright, trademark, and other laws of United States and foreign countries. We and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services ("Feedback") will be the sole and exclusive property of us and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback.
Subject to your compliance with the Terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content (other than the Content you have provided), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the licenses and rights expressly granted in these Terms.
8. Third Party Websites
The Services may provide links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your use of the Services and Content is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Services. You acknowledge and agree that we will not be liable for any damages whatsoever relating to your use or evaluation of the Services. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Content will be error-free or that any errors will be corrected.
The Services and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold us, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
These Terms shall be governed by the laws of United States, without respect to its conflict of laws principles, and the Terms shall constitute the entire agreement between you and us concerning the Services. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
The Terms constitute the entire agreement between you and us concerning your use of the Service, superseding any prior agreements between you and us regarding the Service. The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive arbitration of any disputes arising out of and relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Santa Clara, California. You covenant not to sue us in any other forum. The failure of the Service to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
We reserve the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify the Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on our website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account. By continuing to access or use the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes.
If you have any questions about these Terms, please contact us at email@example.com.