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Terms and Conditions - License Agreement
By selecting the checkbox labeled, "I have read and agree to the Newsletter Station License Agreement" and by using Newsletter Station, you acknowledge that you have read this License Agreement, that you understand it, and that you agree to be bound by its terms.
Introduction
The technology for this Agreement is provided by Newsletter Station and is furnished "as is". You must read this Agreement and agree to its terms before you may create an account.
Modification of This License Agreement
Newsletter Station reserves the right to change this License Agreement, and any Additional Terms at anytime, effective upon making the modified provisions available on the Newsletter Station (www.newsletterstation.com) web site. You are responsible for regularly reviewing these terms and conditions. Continued use of Newsletter Station after any such changes shall constitute your consent to such changes, including changes in fees. Newsletter Station does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.
License
Newsletter Station grants you a non-exclusive, nontransferable license to create an account with Newsletter Station for your organization in accordance with the terms of this Agreement.
Ownership
Newsletter Station and any associated Documentation are and shall remain the sole and exclusive property of Newsletter Station, and is copyrighted and licensed, not sold.
Copyright
Newsletter Station and the Documentation, which includes the Privacy Policy provided with Newsletter Station, contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Newsletter Station. You may not remove any proprietary notice of Newsletter Station as directed.
Restrictions
You must include a link to Newsletter Station in each message you send that was created in whole or in part using Newsletter Station unless released from this requirement by Newsletter Station.
You may not use Newsletter Station to violate any applicable governmental laws or regulations or perform any activity that would cause Newsletter Station to violate any law, statute or regulation.
Confidentiality
You acknowledge that Newsletter Station contains valuable trade secrets and you agree to maintain the confidentiality of Newsletter Station using at least the same degree of care you use with your own confidential information.
Terms
This Agreement is effective from the date you create an account on Newsletter Station and shall continue for an indefinite period of time unless or until the account is terminated either by you or by Newsletter Station. Newsletter Station may terminate this Agreement immediately if you fail to comply with the terms of this Agreement. If we do so, you must immediately stop using Newsletter Station. You agree to reimburse Newsletter Station for any fees incurred by Newsletter Station in collecting your payment, such as, but not limited to, bad check processing fees, credit card chargeback fees, and attorney fees.
Risks
Newsletter Station may have errors and may produce unexpected results. You agree that any use of Newsletter Station will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. Unless authorized, you may not allow a third party to use your Newsletter Station account and agree to indemnify and hold Newsletter Station harmless from any damages or claims arising from such use by any third party.
Disclaimer of Warranty
Newsletter Station is provided "as is." To the maximum extent permitted by law, Newsletter Station disclaims all other warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Newsletter Station does not warrant that the functions contained in Newsletter Station will meet any requirements or needs you may have, or that Newsletter Station will operate error free, or in an uninterrupted fashion, or that any defects or errors in Newsletter Station will be corrected, or that Newsletter Station is compatible with any particular platform.
If you receive a claim that the use of Newsletter Station infringes a patent, copyright or other intellectual property right, you must promptly notify Newsletter Station in writing. Newsletter Station, at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use Newsletter Station, (iii) modify or replace Newsletter Station to avoid infringement; or (iv) refund the license fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against Newsletter Station arising out of or in connection with Newsletter Station, whether made or suffered by you or another person and whether based in contract or tort.
Limitations of Liability
In no event will Newsletter Station be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages) arising out of the use of or inability to use Newsletter Station, or for any claim by any other party, even if Newsletter Station has been advised of the possibility of such damages.
Indemnification
You, at your own expense, will indemnify, defend and hold harmless Newsletter Station, its affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against Newsletter Station or an affiliate based on or arising from a claim that any content or material you or your organization distributed using Newsletter Station or any use of Newsletter Station by you or your organization that violates any of the Restrictions or Terms, infringes in any manner any Intellectual Property Right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person's right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person; provided, however, that in any such case: (i) Newsletter Station provides you with prompt notice of any such claim; (ii) Newsletter Station permits you to assume and control the defense of such action, with counsel chosen by you (who shall be reasonably acceptable to Newsletter Station); and (iii) you do not enter into any settlement or compromise of any such claim without Newsletter Station' prior written consent, which consent shall not be unreasonably withheld. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Newsletter Station or an affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that Newsletter Station does not intend and will not be required to edit or review for accuracy or appropriateness any content or material that you or your organization distribute using Newsletter Station.
Rights in Data
You assign to Newsletter Station all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of Newsletter Station or the documentation you provide to Newsletter Station. If Newsletter Station requires it, you will sign an appropriate document to assign such rights.
Records
You will ensure that anyone in your organization or affiliated entities who uses Newsletter Station (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
Technical Support
Newsletter Station will not provide program services or technical support except as indicated on the Features list, which may change at any time.
Miscellaneous
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The validity, interpretation, construction and performance of this Agreement shall be governed by all appropriate state and federal laws.
By selecting the checkbox labeled, "I have read and agree to the Newsletter Station License Agreement" and by using Newsletter Station, you acknowledge that you have read this License Agreement, that you understand it, and that you agree to be bound by its terms.
Introduction
The technology for this Agreement is provided by Newsletter Station and is furnished "as is". You must read this Agreement and agree to its terms before you may create an account.
Modification of This License Agreement
Newsletter Station reserves the right to change this License Agreement, and any Additional Terms at anytime, effective upon making the modified provisions available on the Newsletter Station (www.newsletterstation.com) web site. You are responsible for regularly reviewing these terms and conditions. Continued use of Newsletter Station after any such changes shall constitute your consent to such changes, including changes in fees. Newsletter Station does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.
License
Newsletter Station grants you a non-exclusive, nontransferable license to create an account with Newsletter Station for your organization in accordance with the terms of this Agreement.
Ownership
Newsletter Station and any associated Documentation are and shall remain the sole and exclusive property of Newsletter Station, and is copyrighted and licensed, not sold.
Copyright
Newsletter Station and the Documentation, which includes the Privacy Policy provided with Newsletter Station, contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Newsletter Station. You may not remove any proprietary notice of Newsletter Station as directed.
Restrictions
- You may not use or copy content from Newsletter Station except as provided in this Agreement.
- You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on content on the Newsletter Station site, or otherwise make available, the content, in whole or in part, to any other person or entity.
- You may not remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on Newsletter Station content.
- You may not reverse engineer, decompile, translate, adapt, or dissemble Newsletter Station, nor shall you attempt to create the source code from the object code for Newsletter Station.
- You may not sublicense or assign the license for Newsletter Station.
You must include a link to Newsletter Station in each message you send that was created in whole or in part using Newsletter Station unless released from this requirement by Newsletter Station.
You may not use Newsletter Station to violate any applicable governmental laws or regulations or perform any activity that would cause Newsletter Station to violate any law, statute or regulation.
Confidentiality
You acknowledge that Newsletter Station contains valuable trade secrets and you agree to maintain the confidentiality of Newsletter Station using at least the same degree of care you use with your own confidential information.
Terms
This Agreement is effective from the date you create an account on Newsletter Station and shall continue for an indefinite period of time unless or until the account is terminated either by you or by Newsletter Station. Newsletter Station may terminate this Agreement immediately if you fail to comply with the terms of this Agreement. If we do so, you must immediately stop using Newsletter Station. You agree to reimburse Newsletter Station for any fees incurred by Newsletter Station in collecting your payment, such as, but not limited to, bad check processing fees, credit card chargeback fees, and attorney fees.
Risks
Newsletter Station may have errors and may produce unexpected results. You agree that any use of Newsletter Station will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. Unless authorized, you may not allow a third party to use your Newsletter Station account and agree to indemnify and hold Newsletter Station harmless from any damages or claims arising from such use by any third party.
Disclaimer of Warranty
Newsletter Station is provided "as is." To the maximum extent permitted by law, Newsletter Station disclaims all other warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Newsletter Station does not warrant that the functions contained in Newsletter Station will meet any requirements or needs you may have, or that Newsletter Station will operate error free, or in an uninterrupted fashion, or that any defects or errors in Newsletter Station will be corrected, or that Newsletter Station is compatible with any particular platform.
If you receive a claim that the use of Newsletter Station infringes a patent, copyright or other intellectual property right, you must promptly notify Newsletter Station in writing. Newsletter Station, at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use Newsletter Station, (iii) modify or replace Newsletter Station to avoid infringement; or (iv) refund the license fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against Newsletter Station arising out of or in connection with Newsletter Station, whether made or suffered by you or another person and whether based in contract or tort.
Limitations of Liability
In no event will Newsletter Station be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages) arising out of the use of or inability to use Newsletter Station, or for any claim by any other party, even if Newsletter Station has been advised of the possibility of such damages.
Indemnification
You, at your own expense, will indemnify, defend and hold harmless Newsletter Station, its affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against Newsletter Station or an affiliate based on or arising from a claim that any content or material you or your organization distributed using Newsletter Station or any use of Newsletter Station by you or your organization that violates any of the Restrictions or Terms, infringes in any manner any Intellectual Property Right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person's right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person; provided, however, that in any such case: (i) Newsletter Station provides you with prompt notice of any such claim; (ii) Newsletter Station permits you to assume and control the defense of such action, with counsel chosen by you (who shall be reasonably acceptable to Newsletter Station); and (iii) you do not enter into any settlement or compromise of any such claim without Newsletter Station' prior written consent, which consent shall not be unreasonably withheld. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Newsletter Station or an affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that Newsletter Station does not intend and will not be required to edit or review for accuracy or appropriateness any content or material that you or your organization distribute using Newsletter Station.
Rights in Data
You assign to Newsletter Station all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of Newsletter Station or the documentation you provide to Newsletter Station. If Newsletter Station requires it, you will sign an appropriate document to assign such rights.
Records
You will ensure that anyone in your organization or affiliated entities who uses Newsletter Station (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
Technical Support
Newsletter Station will not provide program services or technical support except as indicated on the Features list, which may change at any time.
Miscellaneous
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The validity, interpretation, construction and performance of this Agreement shall be governed by all appropriate state and federal laws.