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terms and conditions
GoCampaigns TERMS AND CONDITIONS (Last updated January 2009) The GoCampaigns Terms and Conditions comprise three parts: I. "GoCampaigns Software License Agreement" which applies in all cases, II. "GoCampaigns Software Support and Maintenance Agreement" which only applies in the event GoCampaigns either performs maintenance and support services for or on behalf of a user or is in receipt of maintenance and support fees from the user, and III. "Products and Services Terms and Conditions" which apply to users of our products (acquiring data), or services (print and mail fulfillment). I. GoCampaigns Software License Agreement __________________________________________________________________________________________ PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE,YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER. If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between GoCampaigns Inc. and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company. If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not download or install the software. PROPRIETARY RIGHTS AND CONDITIONS: All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, graphic/image, and text files) are owned by GoCampaigns Inc. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. GoCampaigns Inc. retains all rights not expressly granted herein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the "html" template files only, for the purpose of enhancing or customizing the results producted by the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from GoCampaigns Inc. GoCampaigns Inc. reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. LICENSES: Each copy of the software must have it's own (separate) license which is registered with GoCampaigns Inc. You are permitted to install the software on multiple computers, providing you are the sole owner and user of such computers. You are not permitted to install the software on multiple computers where simultaneous usage may occur, without first purchasing the appropriate additional licenses. Individual software licenses are only valid when registered to a unique email address. This license does not grant any reseller privileges. 1 DEFINITIONS 1.1 'License Agreement' shall mean this document. 1.2 'Licensee' shall be the individual or company leasing the License Agreement 1.3 'GoCampaigns' shall be GoCampaigns Inc. and their successors or assigns. 1.4 'Software' shall mean licenses of GoCampaigns computer program/s leased under this agreement and shall include any replacements, modifications or additions supplied under this License Agreement (but shall not include any upgrades unless agreed by GoCampaigns). 1.5 'User' shall mean an employee of the Licensee who exercises a right of access to a copy of the Software. 1.6 'Owner' shall mean the supplier organization that owns the rights to the software and/or software component, and shall include its suppliers. 2 AGREEMENT This Agreement shall commence on the date of receipt of payment by GoCampaigns and continue unless and until terminated in accordance with the provisions of this Agreement. 3 EXCLUSIONS 3.1 In respect of loss or damage arising out of or in any way connected with this Agreement and howsoever caused (whether by negligence or otherwise) i. GoCampaigns shall not be liable for (a) special, indirect or consequential loss (b) loss arising out of any delay or loss of time, production, profit, revenue or use. ii. The liability of GoCampaigns shall not in any event exceed in aggregate the sum of $10,000. 3.2 This License Agreement only covers usage of the Software in the country stated at the time of lease. The Software may not be used in any other country. 3.3 Except where each instance of the Software in use is covered by a fully paid valid License, usage of terminal software such as Terminal Services and Citrix to enable multiple users to share the Software is strictly forbidden. 4 ACCEPTANCE 4.1 Acceptance is deemed to take place on lease of the License. 4.2 GoCampaigns undertakes for software it develops itself, that provided it is operated in accordance with the instructions contained in the documentation supplied with the Software, the Software will perform as stated in the documentation supplied with the Software. GoCampaigns does not guarantee that the Software is free of minor errors not materially affecting such performance. The undertaking given in this Sub-Clause is in lieu of any condition or warranty expressed or implied by law as to the quality or fitness for any purpose of the Software. GoCampaigns does not warrant or represent nor is it a condition of this Agreement that the functions contained in the Software will meet the Licensee's requirements or will operate in the combinations including any other hardware or software which may be selected for use by the Licensee or its customers or that the operation of the constituent parts of the Software will be uninterrupted or free of errors or that all errors will be corrected. All other conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the Software are excluded by GoCampaigns, to the fullest extent permitted by law. 5 LICENCE 5.1 Subject to Licensee's payment of GoCampaigns fees and compliance with this Agreement, Licensee is granted a non-exclusive and non-transferable license to use the Software strictly in accordance with the terms of this Agreement. All intellectual property rights and title to the Software shall remain with the Owner and no interest or ownership therein is conveyed to Licensee under this Agreement. No right to modify, adapt, or translate the Software or create derivative works therefore is granted to Licensee. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that Licensee has any right to obtain source code for the Software. 5.2 Licensee may not, without the prior written consent of GoCampaigns: 5.2.1 lease, loan, resell or otherwise distribute the Software 5.2.2 except as permitted in this Agreement, permit access to or use of the Software by or on behalf of any third party. 5.2.3 simultaneously use the Software on more computers than the total number of Licenses leased, or where a network License has been leased, enable more concurrent users of the software than the total number of network Licenses leased. 5.3 Licensee shall indemnify GoCampaigns and keep GoCampaigns fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising out of or in connection with; 5.3.1 any breach by Licensee of this Clause 5; or 5.3.2 a breach of copyright or other intellectual property or proprietary right, or a breach of confidence by the Licensee, his servants, agents, employees and contractors. 5.4 Third parties to the Licensee may make use of the Software so long as it is used solely whilst connected to the Licensee's computer network or if not connected to the network, whilst on the Licensee's premises. Licensee shall ensure that such third parties shall adhere to the terms of this license. 6 MODIFYING The Licensee may not, without the prior written consent of GoCampaigns, modify, reverse engineer or decompile (except to the extent permitted by law) the Software or incorporate the Software in programs not provided by GoCampaigns. 7. TERM This Agreement shall commence on , the contract “Effective Date” and will continue for 12 months (“Initial Term”). This Agreement shall automatically renew for successive one year terms ("Renewal Term") unless Company provides GoCampaigns Inc. with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent Renewal Term. Such written notice of non-renewal must be submitted to GoCampaigns.Inc. 6040 Commerce Blvd, Suite 103, Rohnert Park, CA. 94928 8 TERMINATION 8.1 GoCampaigns may terminate this Agreement (including for the avoidance of doubt the license at clause 5) forthwith by notice in writing: 8.1.1 if the Licensee shall have committed a breach of its obligations hereunder which is capable of remedy and which shall remain unremedied thirty days after notice of such breach has been served by GoCampaigns on the Licensee. 8.1.2 if the Licensee shall have committed any breach of its obligations hereunder which is not capable of remedy. 8.1.3 if the Licensee being an individual shall be declared bankrupt or being a company shall be declared insolvent or a receiver be appointed or shall go into liquidation save for the purpose of amalgamation or reconstruction or a charging order shall be made over any of its assets. 9 OWNERSHIP 9.1 The Software and all intellectual and proprietary rights in the Software are owned by the Owners, and its structure, organization and code are the valuable trade secrets of the Owners. The Licensee shall follow all reasonable instructions given by GoCampaigns from time to time with regard to the use of trade marks owned by the Owners and rights of the Owners. 9.2 All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, data and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by GoCampaigns Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use such content. The Licensee hereby covenants not to permit the removal or deletion of any copyright notice which may be endorsed on the Software or the accompanying documentation 9.3 GoCampaigns have secured sufficient rights to grant the licenses herein 10 ASSIGNMENT The Licensee shall not assign any of its rights or obligations under this Agreement without the prior written consent of GoCampaigns. 11 FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond the party's reasonable control. 12 WAIVER No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of the party under this Agreement. 13 ENFORCEMENT If any term or provision or any part thereof contained herein shall be held to be illegal or unenforceable under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected thereby. 14 PUBLICITY GoCampaigns may, without the prior written consent of the Licensee, advertise or publicly announce that they are providing services to the Licensee. 15 COMPLETE AGREEMENT This Agreement is the complete and exclusive statement of the agreement between the parties with respect to Licensee’s license and use of the Software, which supersedes all proposals or prior agreements oral or written (other than, in each case to the extent applicable, the GoCampaigns Software Support and Maintenance Agreement and the GoCampaigns Products and Services Terms and Conditions) and save as expressly set forth herein all representations conditions or warranties express or implied statutory or otherwise are excluded. 16 NOTICES Any notice to be given hereunder shall be delivered or sent by recorded delivery first class mail to the registered office in the case of GoCampaigns or the Licensee if a corporation or to his usual or last known place of residence if the Licensee is an individual or firm and any such notice shall be deemed to have been served when delivered at the time of delivery or when so mailed at the expiration of 24 hours after the envelope containing the same was put into the mail and in providing such service it shall be sufficient to prove that the envelope containing the same was properly addressed and mailed as a prepaid recorded delivery letter. 17 LAW This Agreement shall be governed by the laws of United States. No term of this agreement confers on any third part any benefit or any right to enforce any term of this Agreement. __________________________________________________________________________________________ II. GoCampaigns Software Support and Maintenance Agreement 1. DEFINITIONS 1.1 "Support Plan" shall mean licenses of GoCampaigns software support leased under this agreement. 1.2 "Support Fee" shall mean the fee payable by the Customer to GoCampaigns for provision of the support services. 1.3 "Customer" shall mean the person or organization that leases the Support Plan under this agreement. 1.4 "Effective Date" shall be the date of receipt of the Support Fee. 1.5 " GoCampaigns " shall be GoCampaigns Inc. and their successors or assigns. 1.6 "Customer Contact" shall mean the person or persons nominated by the Customer, who are employed by the Customer and designated to be the contact for any Response. Up to two named contacts are permitted per agreement, a primary contact and a backup contact for situations, such as sickness where the primary contact is unavailable. 1.7 "Response" shall mean a reply from GoCampaigns to the Customer Contact, including but not restricted to, response via an GoCampaigns Internet forum, telephone, email or fax. 1.8 "Support Services" shall mean those services referred to in clause 3. 1.9 "Supported Software" shall mean software leased from GoCampaigns. 2.TERM AND TERMINATION 2.1. The term of this contract is dependent upon the hours contained in the Support Plan purchased, beginning upon the Effective Date. 2.2. Either party may terminate this contract if the other party commits a material breach of its terms, which is not cured within sixty (60) days after written notice of such breach. In the event of such a breach by GoCampaigns, and a valid termination by the Customer, the Customer shall be entitled to the pro-rated refund of any unexpired portion of the Support Fee. 3. SCOPE OF THE CONTRACT 3.1. GoCampaigns agrees to provide the following Support Plan to the Customer under this contract: 3.1.1. Technical advice provided as part of the Support Plan, will be delivered by such means as GoCampaigns deems appropriate at the time. This may include but is not restricted to, telephone, email, fax and Internet based communication. In order to provide a flexible service, GoCampaigns reserves the right to change its support delivery methods without notice. 3.1.2. GoCampaigns shall endeavor to respond and resolve a problem within 24 hours; however in giving a response, a solution to the problem in question cannot be guaranteed. 3.1.3. If an issue cannot be resolved by first line support it will be escalated to second line support. GoCampaigns will use reasonable endeavors to keep the Customer Contact informed of progress throughout this process. If second line support cannot resolve the issue then it will be passed to GoCampaigns development staff. When a problem is considered mission critical, GoCampaigns will make reasonable best efforts to issue an "Emergency Patch" to resolve the problem. 3.1.4. GoCampaigns will make reasonable efforts to ensure that the skill levels of the staff providing the support and escalations are commensurate with the competence needed to resolve the service request. 3.1.5. Support Services will only be provided to the Customer Contact. 3.1.6. The Customer must ensure that the Customer Contact is a competent and knowledgeable user of the Supported Software. 3.1.7. GoCampaigns will provide the Customer with upgrades to the Supported Software free of charge for a one year period commencing upon receipt of the Support Fee by GoCampaigns. 3.1.8. Customer may transfer the license to another computer on two occasions in any 12-month term of this agreement. Additional transfers thereafter will incur a license transfer fee at the then-current rate. 4. SUPPORTED SOFTWARE VERSIONS 4.1. GoCampaigns will provide Support Services for the current version of the Supported Software. GoCampaigns will not support superseded versions of the Supported Software once a new version has been available for six (6) months. 4.2. In the event of GoCampaigns changing its policy to support a major operating system for use of the Supported Software, GoCampaigns shall continue to provide support for the Supported Software on the deselected operating system for a minimum of 6 months from the date of notice of deselecting of the operating system, to allow the Customer to migrate to a supported operating system. 4.3. The transfer of licenses between the Customer's computers shall be limited to the current version of the Supported Software. GoCampaigns may at their sole discretion provide license transfers for superseded versions of the Supported Software, however they are under no obligation to do so and may require the Supported Software to be upgraded to the most current version before a transfer can be undertaken. Subject to Clause 3.1.8, any associated costs or expenses relating to required upgrades or to the transfer of licenses shall be borne by the Customer. 5. LIMITATIONS 5.1. GoCampaigns is not obliged to provide the Support Plan when any of the following occurrences is the cause of the request for Support Services: 5.1.1. Malfunction of hardware or operating system software. 5.1.2. Negligence by the Customer. 5.1.3. The Customer changes to an un-supported operating system. 5.1.4. A Customer Contact is deemed by GoCampaigns to be insufficiently competent with the Supported Software for the issue to be resolved effectively. 5.1.5. Where the problem is caused by third party applications that have not been developed by GoCampaigns. 5.2. GoCampaigns will not, under this agreement provide any consultancy advice including, but not limited to, best-practice technical advice, data conversion, or engineering advice. 5.3. This agreement does not cover on-site installation or on-site support. 6. EXCLUSIONS In respect of loss or damage arising out of or in any way connected with this Agreement and howsoever caused (whether by negligence or otherwise) 6.1. GoCampaigns shall not be liable for (a) special, indirect or consequential loss (b) loss arising out of any delay or loss of time, production, profit, revenue or use. 6.2. The liability of GoCampaigns shall not in any event exceed in aggregate the sum of $10,000. 7. ASSIGNMENT This agreement may not be assigned or otherwise transferred by the Customer without the prior written consent of GoCampaigns 8. SUPPORT FEES, INVOICES AND PAYMENT AND RENEWALS 8.1. GoCampaigns reserves the right to change the Support Fee at any time. The changes will not take immediate effect with respect to the existing support agreements. The Customer will be advised of any future price changes in a timely manner. 8.2. The Customer shall be liable to pay any sales or value added tax related to this transaction, however designated. 9. OTHER PROPOSED TERMS 9.1. These GoCampaigns standard terms shall exclusively govern the contract between GoCampaigns and the Customer. No terms proposed by the Customer shall have any contractual effect. 10. LICENSING OF SOFTWARE 10.1. Prior to the date of this agreement, the Customer shall have accessed relevant GoCampaigns software. The Customer shall be deemed to have read and accepted the GoCampaigns standard terms governing use of such software. This agreement shall be governed by the laws of the [State of California]. No term of this agreement confers on any third party any benefit or any right to enforce any term of this agreement. __________________________________________________________________________________________ III. GoCampaigns Products and Services Terms and Conditions GoCampaigns.com will be referred further in this document as "we", "us", or "our". Demographic, credit and property data provided to you by us will be referred further in this document as "The Service". These Terms and Conditions are effective for all websites, partner portals, products, and services that fall under the GoCampaigns.com domain. This Terms and Conditions document is a general agreement between GoCampaigns.com and users of our website, products, or services. BY USING OUR WEBSITE, PRODUCTS, OR SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS DETAILED HERE. Please review the Terms and Conditions specified here and the Privacy Policy before you use our website, products or services. If you do not agree to or accept our Terms and Conditions, please do not use our website, products, or services. The Terms and Conditions explained here can be subject to change by us without prior notice to you and solely at our discretion based on emerging technologies, business practices, and customer needs. Any change is effective immediately upon posting to our website. If any modification to our terms and conditions are unacceptable, please cancel your agreement as provided below. Your continued use of our website will be conclusively deemed acceptance of any such modification(s). The Terms and Conditions explained in this document include, but are not limited to, the following: Copyrights. The copyright in all material provided on this site is owned by GoCampaigns Inc. and/or its licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of GoCampaigns Inc. or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. GoCampaigns Inc. does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of GoCampaigns Inc. or the copyright owner. However, you may print a copy of the information on this site for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of this site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of GoCampaigns Inc. and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. GoCampaigns Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) LeadMiner may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission of GoCampaigns. GoCampaigns Inc. prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any GoCampaigns Inc. site unless establishment of such a link is approved in advance by GoCampaigns Inc. in writing. If you have any questions regarding any trademarks on the site, please contact GoCampaigns Inc. Our Services Some of the services GoCampaigns.com provides include Lead generation, PDF Creation, Template Creation, Address File Creation, Regulatory Compliance and Print and Mail Fulfillment through our tools and through third party service providers. These services are available only to licensed owners of our software product (Lead Miner), provided you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services, your authorization to use our services shall be immediately terminated without the need for any further action on the part of any party, and you must thereafter immediately destroy any of the content you have created, downloaded or obtained otherwise. Please notethat we do not make any representation or guarantee as to the results you might obtain while using our services, including services offered by third parties. In addition, you are prohibited from using our online tools and software with anyunauthorized or improperly obtained third party content. Restrictions on Use Unless expressly authorized otherwise, you agree to represent, and warrant to GoCampaigns.Inc., both during and after the term of this Agreement, the following provisions: (a) The Service is for the sole use within Customer's own organization and by Customer's own employees or agents. The Service may not be shared with affiliates or any third party, including joint marketing arrangements. The Service may not be used outside the United States without the prior written consent of GoCampaigns Inc. (b) Customer agrees both during and after the term of this Agreement that Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Service in any manner other than as stated in this Agreement, (ii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Service or any portion thereof, (iii) process or permit to be processed the Service or any portion thereof, except in accordance with the provisions of this Agreement, with other data or software from any other source, (iv) allow access to the Service through any terminals located outside of Customer's operations, (v) use the Service to create, enhance or structure any database in any form for resale or distribution, except in accordance with the terms of this Agreement, or (vi) use the Service to create derivative products. Customer shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation applicable to Customer's use of the Service. GoCampaigns.Inc. makes no representations or warranties about the legality or propriety of the use of the Service in any jurisdiction, state or region. (c) Customer will (i) not use for solicitation the name, mailing address or telephone number of a consumer that is designated within the Service as requesting protection from solicitation, (ii) abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers' rights to privacy, and (iii) limit access to consumer information to those individuals who have a "need to know" in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumer's right to privacy. (d) Customer will not use the Service (i) as a factor in establishing an individual's eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, (v) in connection with any permissible purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.), or (vi) in any other manner that would cause such use of the Service to be construed as a consumer report by any authority having jurisdiction over any of the parties; (e) Customer will not use the Service for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) To the extent Customer is authorized under this Agreement to publish or otherwise permit access to the Service on a World Wide Web site or otherwise via the Internet, Customer will adopt, publish, and comply with privacy policies that comply with either the guidelines established by TRUSTe.org as more fully set forth at http://www.truste.org, the Better Business Bureau, such other organization as the parties mutually agree to select; or Customer's privacy policy if attached hereto Exhibit P. (g) Customer will comply with the published guidelines of the Direct Marketing Association and federal and state laws regarding the use and dissemination of data such as the Service. Our Online Tools and Software All online tools and software including, but not limited to, our LeadMiner, PDF Converter, Print and Address File Manager, and Contact Manager, are made available for your use solely in accordance with our Terms and Conditions. You may not reproduce, modify, distribute, or otherwise make this software available to any third party or unauthorized websites. The law strictly prohibits any usage of our online tools or software not in accordance with our Terms and Conditions and any illegal use may result in severe civil and criminal penalties. All violators of our Terms and Conditions with respect to our online tools and software will be prosecuted to the fullest extent possible. Processing of User, Billing, Address and Shipping Information As a part of signing up on our website or partner portals, you are required to provide a unique, valid and currently used email address and a password. This information will be used as specified in the Privacy Policy. You are solely responsible for the accuracy of the information you provide and also for keeping your password secure. To place orders and to use certain services, you are required to provide your Billing information. Your Billing information will be kept strictly confidential as explained in our Privacy Policy. You are solely responsible with providing us with valid and current Billing Information. We reserve the right not to produce your order or offer our services if you provide invalid Billing Information. You are entirely responsible for all activities that occur under your account and you must agree to notify us immediately of any unauthorized usage of your account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, with or without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else's account at any time, without the express permission of the account holder. We make every effort to ensure accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an order or using our services, you are agreeing to pay the price relevant to the order of the service. Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately. For purposes of mailing, you may be required to provide address information. This will be passed on to the relevant third party essential for the service rendered and will be used strictly under the conditions explained in the Privacy Policy. The United States Postal Service (USPS) mailing standards require any addresses that do not contain "Or Current Resident" or "Or Current Occupant" to be compliant with move update requirements. Order Dispute and Resolution Policy Regarding Print Fulfillment We will complete your print and mail fulfillment order in accordance with industry-wide trade standards for color and registration and according to the parameters defined in your order request and as outlined on our website. Due to the highly automated processes incorporated in the fulfilling of your order, any changes required to an order must be communicated to GoCampaigns.com by personal telephone contact (1-877-994-8100) during our normal business hours, 08:00 AM - 05:00 PM, Monday - Friday, Pacific Time, as soon as possible (except holidays). We will not accept email or voice mail communication requests to change or cancel an order. Any changes to an order can result in delays in the fulfillment of your order. Orders that have been printed cannot be changed or canceled and will be billed as ordered. Order Delivery- Print and Mail Fulfillment GoCampaigns.com makes no guarantee in meeting mail and print fulfillment turnaround timeframes, but we do pride ourselves on quick order fulfillment. We operate on a Monday - Friday schedule. GoCampaigns.com uses third-party service providers to deliver your order and is not liable for delivery problems caused by these providers. These providers include, but are not limited to, The USPS. These mailings are addressed with the addresses provided in your address file(s). Address files must meet our addressing and address file specifications as defined on our website. USPS delivery standards on First Class mail are three (3) to five (5) business days and five (5) to twenty-one (21) business days for Standard (Bulk) Mail. Customers are encouraged to request a card be addressed to them during the ordering process. This "seed card" is mailed to the recipient and address identified as "Ship To" on the order. When you place your order, you agree that our delivery to the USPS fulfills our order fulfillment requirements, and serves as Signed and Accepted Order Delivery, after which you waive any right to dispute any related order credit card charges because of failed delivery by the USPS. Color Matching, Proofing, and Alterations- Print and Mail Fulfillment GoCampaigns.com does not perform "color matching". Since monitor calibration varies widely, we run to uniform toner levels and a "pleasing color" standard. Pleasing color is defined as satisfactory even though it may not precisely match the original sample. Billing and Order Cancellation By using the GoCampaigns service, you are expressly agreeing that we are permitted to bill you for any charges you may incur in connection with your use of the GoCampaigns service. Charges will include Lead purchases, email list purchases, printing and mailing charges. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your payment method. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information by clicking on the "Your Account" button, available at the top of the pages of our web site. If your payment method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. Cancellation You may cancel your subscription to GoCampaigns at anytime, and cancellation will be effective immediately. YOU WILL BE RESPONSIBLE FOR ANY BALANCES OWED. IF ANY CREDIT IS DUE, IT WILL BE REMITTED WITHIN 30 DAYS OF CANCELLATION. ACCOUNTING WILL BE BASED ON NUMBER OF LEADS DELIVERED AND ANY PRINT AND MAIL FUFILMENT CHARGES DUE. To cancel, click the word "Cancel" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership". We reserve the right to terminate your account for any or no reason. Site Administration We administer our website, products, and services from our office located at 6040 Commerce Blvd, Suite 103, Rohnert Park, CA. 94928. We make no representation that our website, products, or services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials found on our website, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our website, products, or services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable international and local laws Modifications to the Website, Products, or Services We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. Refusal of Service We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms and Conditions. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to require proof that you are authorized to distribute the content developed using our website, products, or services. Reasons we may refuse or terminate orders include, but are not limited to, If we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately. Disclaimers and Liabilities Although we believe that our website, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, or our products or services. Consequently our website, content of the website, products, and services are provided "As Is" with all faults and we hereby disclaim all warranties and conditions with regard to our website, products, and services. Our service is provided on an "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No oral advice or written information given by GoCampaigns, its employees, agents (including your representatives or guides), third-party information providers, merchants, licensors or the like, shall create a warranty; nor shall you rely on any such information or advice. Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our website, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. You expressly agree that use of our service is at your sole risk. Neither GoCampaigns, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like make any warranty as to the results that may be obtained from the use of our service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through our service. We do not make any representations or warranties, either expressed or implied, that any available access number will be a local call from your area code and exchange. To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if we have been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our website, products, or services that exceed the total amount you paid us with respect to the particular order or service giving rise to the claim. <u>General Provisions</u> These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our website, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. THE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS, ALL MATTERS ARISING HEREUNDER SHALL BE EXCLUSIVELY HELD IN MARIN COUNTY, CALIFORNIA, AND YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MARIN COUNTY. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. <end of agreement>
support@GoCampaigns.com
GoCampaigns
6040 Commerce Blvd
Suite 103
Rohnert Park, CA. 94928
707-584-8000 (Office)
877-994-8100 (Toll Free)
707-584-8001 (Fax)
