This agreement governs the User’s use of this Site, any of its Associated Websites, its subdomains or any other Website on which a link to this agreement appears (hereafter referred to collectively as the “Site”). “Associated Websites” includes Websites and brands belonging to Active Emails and its affiliated brands (hereafter “the Company”).
As used in this TOS, “you” or “User” means both (i) the individual using this Site, and (ii) any company or other business or governmental entity using the Site (hereafter “your Company”). You and your Company, if any, agree to be jointly and severally liable for your obligations under this TOS.
• By using this Site or the Associated Websites, you represent to the Company that you agree to be bound by the terms of this Active Emails Terms of Service (“TOS”). • This TOS sets forth how claims between us will be resolved. This TOS contains a mandatory binding arbitration clause. • Under this TOS, a User will not be able to proceed against us through a class or representative action, but will only be able to pursue claims or seek relief against us on an individual basis.
USING THE SITE
Electronic Communications: You consent to receiving electronic transactional, relationship and commercial communications from us, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that these communications be in writing.
Eligibility and Accuracy of Information.
a. By using the Site, you represent that you are at least 18 years of age, and in no event below the age of legal majority in your jurisdiction of residence on the date that you interact with the Site. If you are using the Site for your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company every time that you use the Site. You agree that you will not allow others to use your login, membership or account, nor will you use your login, membership or account on the Site on behalf of third parties. b. You also agree not to use the Site if you are temporarily or permanently suspended from using the Site. c. You agree that you will not under any circumstances allow a minor child access to the Company’s sites, and if you do so allow—intentionally or unintentionally—you will indemnify, release and hold the Company harmless from any liability that arises from that minor’s use. d. You represent and warrant that all information given to us (including your name, address and other information associated with your use of this Site (“User Information”), and all information communicated to other users of the Site, shall be true, accurate, up-to-date and not misleading.
Termination and Suspension.
a. We agree to provide you access to the Site only as authorized by this TOS. We reserve the right to block your use of the site. We reserve the right to reject your user login, membership or account, by notifying you of our decision. Either termination or suspension of your login, membership or account or blocking your use of the Site shall be at our sole discretion, with or without cause and with or without prior notice to you. If we believe in our sole discretion that your actions may cause us or other Users legal liability, harm, or loss, we reserve the right to notify other Users of your actions. b. Should you object to any of the terms of this TOS or any subsequent modifications thereto or become dissatisfied with the Site, your only recourse is to immediately: (i) discontinue use of the Site; (ii) terminate your account, membership or registration, if any; and (iii) notify us of termination. At any time, you may terminate this TOS and your login, membership or account by notifying us in accordance with the “Notices” section below. c. In the event your login, membership or account is terminated or closed by either of us, we may not be able to delete your user information or transaction history for compliance, legal and other reasons. d. Termination of your relationship with the Company or the Site will not cancel a transaction you have entered with the Company or any of its affiliates or in any manner effect the status of any amounts payable to the Company or the Site that pre-existed your termination.
Third Party Websites . The Site may contain links to third party websites as well as third party advertisements. “Third Party Websites” are those that are not associated with Active Emails or its associated brands. “Third Party Advertisements” are promotional messages sponsored by a company not affiliated with the Company and over which the Company asserts no control. The Company disclaims any responsibility for, and you agree that it shall have no liability for the privacy policies or other practices of any Third Party Website. We recommend that you review the privacy policies of each website you visit.
If you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
POSTINGS BY USERS
Ability to Post Comments.
a. We may provide Users with the opportunity to post comments on the Site or on the Associated Sites. In the event that you post text, graphics, pictures and other content on the Site (all such material referred to as “Comments”), we reserve the right, but do not accept the obligation, to monitor, edit, refuse to post, or to remove any comments that, for any reason not prohibited by the law in effect at the time of the posting, in our sole discretion and judgment, violate the law, harm other companies or persons, or bring embarrassment or bad will upon the Company. b. Notwithstanding our right to manage postings, we disclaim responsibility for the content of Listings or Postings posted by Users. By using this site, you understand that postings, comments and submissions by other users are not monitored, moderated or edited by the Company. You understand and agree that should you use this site and view postings, comments or submissions by other users, you may be exposed to inaccurate, unreviewed, unreliable, and offensive content. You agree that in using this site, you assume responsibility for your own use and your reactions thereto. c. We further disclaim any responsibility for verifying the accuracy of the information contained in any User Posting, or in any Third Party posting or advertising, and warn you that User Postings should not be relied upon by you for any purpose without conducting your own due diligence. d. Given the conditions noted, especially in Paragraph b. above, you agree that you will not make this site available to any minor child.
Representations by Third Parties. We may provide Users with Third Party Websites’ links or promotional messages by Third Party Advertisers. By posting these links or messages, the Company does not endorse the companies or messages, nor make any representation relating to the accuracy of the contents or representations on those sites or messages. We explicitly disclaim responsibility for the content of those sites, as well as disclaiming any responsibility for verifying the accuracy of any offers or representations on those sites. Third party information should not be relied upon by you for any purpose without conducting your own due diligence.
Scientific and Medical Information: Where content on this site appears to communicate scientific or medical information, the Site and the Company disclaim and do not accept any responsibility for any claims made by third parties, including comments by Users or advertisers. The Company does not claim that any product or service is approved by the Food and Drug Administration or any other health and safety regulator. The Company specifically disclaims any responsibility with respect to claims relating to efficacy or safety of any such products or services. Such claims and representations are the responsibility of the authors of the messages, which are offered on this Site for informational purposes only. The Company does not have the facilities or the expertise to judge these products or services scientifically or medically, and therefore does not accept the responsibility to verify claims or test the products and services that are the subjects of these communications. While the Site and the Company make every effort not to publish communications that are on their face clearly untrue, neither the Site nor the Company has scientific or medical expertise to make these judgments for you. You must not rely on the referenced communications and claims without conducting your own due diligence, nor without consulting with a scientific or medical professional of your choice to determine the products’ and services’ benefits and risks for yourself.
Unacceptable and Illegal Submissions. You may not post or submit material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to the Company, other users, or to third parties; nor may you post material that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any submission, comment or content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
License. If you do post content or submit material, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content anywhere and in any media. You grant the Company and sublicensees the right to use the name and photographs or recordings or other information that you submit in connection with such content if we choose. You represent and warrant to us that: you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply.
Submissions. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, “Comments”) shall be and remain Active Emails’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.
TRANSACTIONS ON THE SITE
Credit Cards and ACH Direct Payments. You may provide us or our service providers (such as Shopify) with credit card or ACH information for payment. By providing a credit card or ACH account information for payment for a transaction on the Site, you authorize us to charge the card or account. If you have any question about a charge, contact us as described in the Notices section below.
Fees. You agree to pay the applicable transaction fees arising from your use of the Site.
Taxation. You agree that Active Emails bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to activity on this site. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.
Release. Should any dispute arise out of your engaging in transactions on the site, you hereby release us and our directors, officers, employees and agents from and against any and all claims, demands and damages (actual, special, incidental and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Use of Content. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the “Content”) are intended solely for personal, non-commercial use in connection with the Site. No right, title or interest in any materials or software is transferred to you as a result of this TOS or of any use by you of the Site. You may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software, nor may you employ any bots or other means to “screen scrape” (or otherwise extract or obtain the benefit of) data regarding transactions other than your own from the Site. All software used on the Site is the property of Active Emails or its licensors and suppliers and protected by U.S. and international copyright laws. Any use of Site Content without express permission, including the reproduction, modification, distribution, transmission, re-publication, display, or performance of the Content on the Site is strictly prohibited.
Copyrights and Trademarks. Unless otherwise noted, all Content constitutes copyright, trademark, service mark, trade dress and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Site is the exclusive property of Active Emails or its affiliates, and is also protected by U.S. and international copyright laws.
The term “ACTIVE EMAILS” in any form, the Active Emails logo, other Active Emails names and logos and all related brands, product and service names, design marks and slogans used on the Site are the trademarks or service marks of Active Emails or its affiliates. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site or Associated Sites are trademarks or trade dress of Active Emails in the U.S. and other countries. All other marks are the property of their respective companies. No trademark or service mark license is granted to Users or Third Parties in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.
The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any of the Company’s Sites or Associated Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
You may not use meta tags or other hidden text utilizing Active Emails’s name or trademarks without the express prior written consent of Active Emails.
License and Access. Subject to your compliance with these Conditions of Use, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Company’s Site. This license does not include any resale or commercial use of any of the Company’s intellectual property, software or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any the Company’s Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this TOS are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No Company content, nor any part of any of the Company’s intellectual property or content, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You may not misuse the Site or its content. You may use the Site only as permitted by law. The licenses granted by the Company terminate if you do not comply with these terms.
Abuse of Site . You are prohibited from violating or attempting to violate the security of the Site, or otherwise abusing the Site, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (iv) sending unsolicited email, including promotions and/or advertising of products, or using any information about other users obtained from the Site in order to do so; (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (vi) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or bypass any measures used to restrict access to the Site; (vii) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Active Emails on the Site and other than generally available third party web browsers; or (viii) collecting information about other users without their consent. Violations of system or network security may result in civil or criminal liability.
Claims of Copyright Infringement: The Company responds to notices of alleged infringement of copyright property rights under the United States Digital Millennium Copyright Act. We work to ensure that items and content on this Site do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. The Company will terminate the accounts of repeat copyright infringers. If you believe that your intellectual property rights have been infringed, you may notify the Company as set out in the section entitled “How to Submit a Claim for Copyright Infringement” below.
OUR LIMITS OF LIABILITY
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SITE AND TRANSACTIONS ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT, SERVICES, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. THIS DISCLAIMER OF WARRANTIES EXCLUDES WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE OR OF ANY UNAFFILIATED THIRD PARTY ADVERTISING ON THE SITE. WE DISCLAIM ANY WARRANTY THAT ANY SERVICE OFFERED BY THIS SITE OR ANY GOODS OFFERED BY THIS SITE MEETS YOUR REQUIREMENTS UNLESS A WARRANTY TO THAT EFFECT IS EXPRESSLY OFFERED.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACTIVE EMAILS, NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS , SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE. WE ALSO DISCLAIM ANY LIABILITY ARISING FROM: (i) THE INFORMATION, CONTENT AND FUNCTIONS OF THE SITE, WHETHER GENERATED BY THE SITE, BY ANOTHER USER, OR BY UNAUTHORIZED ACCESS TO THE SITE; (ii) DELAYS OR DISRUPTIONS IN OUR SITE; (iii) ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE; (iv) ACTIONS TAKEN RELATED TO YOUR ACCOUNT; (v) VIRUSES OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO RELEASE AND HOLD HARMLESS ACTIVE EMAILS, ITS AFFILIATES, AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS FROM ANY SUCH LIABILITY.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages. In that event and only in that event, these disclaimers and exclusions may not apply to you.
Limitation on Damages. To the fullest extent permitted by law, in any instance in which the company is held liable for damages, losses and causes of action arising from your use of the site or this agreement, you agree that our total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise), including attorney’s fees and costs, arising from this agreement or your use of the site, shall not exceed $250. This limitation shall not apply in the case of willful or intentional misconduct.
Our Liability for Your Disputes with Other Users. You hereby release the Company and its principals, officers, directors, attorneys and employees from all claims and all liabilities of every kind, known and unknown, arising from disputes between you and other Users.
Indemnification: You shall indemnify, defend and hold the Company and its principals, officers, directors, attorneys and employees harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by the Company in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (i) any breach or violation of this TOS; (ii) any use of the Site; (iii) a dispute with another User; (iv) any violation of any applicable law or regulation governing your activities on or off of the Site; (v) the infringement of any intellectual property or other right of any person or entity; (vi) Any fraud or manipulation by you of this Site; (vii) any third party claim, action or allegation brought against the Company arising out of your use or misuse of the Site. We reserve the right, at our own initial up-front expense subject to contribution and indemnity from you, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Waiver of Limitations on This Release. By entering into this TOS, you hereby waive any statutory or other protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
GOVERNING LAW, DISPUTE RESOLUTION, AND OTHER TERMS
International Users; Choice of Law. The Site is controlled, operated and administered by Active Emails, which is based within the United States. The Site is intended only for use by persons located in the United States. We make no representation that functions or information found at the Site are appropriate or available for use at locations outside of the United States. Access of the Site is prohibited from territories where their contents are illegal. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. Except as may be preempted by federal law, this TOS and all matters arising from or relating to the your use of the Site and any and all claims arising out of your relationship with the Company shall be governed by and in accordance with the laws of the State of New York, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
Dispute Resolution; Attorneys’ Fees .
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS TOS OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE STATE OF TENNESSEE, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE .
Notwithstanding the foregoing, Active Emails reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this TOS or under an award of the court described above.
You may not bring any legal action arising out of this Terms of Service or your use of the Website, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of this time limit in violation of this Section, Active Emails shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
Exclusion of Class Actions.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND ACTIVE EMAILS AGREE THAT: (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS; (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (C) UNLESS BOTH YOU AND ACTIVE EMAILS AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT; AND (D) ANY RELIEF AWARDED TO YOU SHALL NOT AFFECT OTHER USERS, AND VICE VERSA.
Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at support@Activeemails.com or by mail to Active Emails, 1001 S Main Street STE 8039, Kalispell, MT 59901, or, in the case notices we send to you, to the email address or street address provided to us by you. Notice shall be deemed “received” 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing. Notices of Copyright or Intellectual Property Infringement must be sent according to the procedure in the section entitled “How to Submit a Claim for Copyright Infringement” below.
If any provision of this TOS 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 put into effect the intent of this TOS, and the remainder of this TOS shall continue in full force and effect.
The failure by either party to exercise or enforce any rights or provisions of this TOS or the associated or linked agreements shall not constitute a waiver of such right or provision.
This TOS, including any other applicable terms and conditions or rules that govern your use of the Site or transactions on the site, which are either incorporated herein by specific reference or posted on the Site from time to time, comprise the entire agreement between you and Active Emails and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior Terms of Service for the Site).
All provisions in this TOS regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this TOS.
The titles and headings contained in this TOS are used for convenience only and are not intended to affect the meaning or interpretation of this TOS.
Where the Site or any associated site refers to a “List Price,” “Manufacturer’s Suggested Retail Price,” “Approximate Retail Value,” or similar language, (all referred to as “Prices”), that means the “suggested retail price” of a product as provided by a manufacturer, supplier, or seller; or the “approximate value” for similar products as determined by market research. We endeavor to check Prices against prices which may be available publicly for comparison. However, we make no warranty that any Price displayed for comparative purposes on the Site is the current Price of that item at the time you interact with content on this Site.
This TOS is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this TOS to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.
This TOS is solely for the benefit of Active Emails, its affiliates, and you, and shall not be construed for the benefit of any third party.
How to Submit a Claim for Copyright Infringement
If you (“the Claimant”) believe that an item or content on the Site infringes on your copyright property rights, you can report the claimed infringement by submitting to the Company a Notice of Claimed Infringement to Active Emails, 1001 S Main Street STE 8039, Kalispell, MT 59901. Once your report has been processed, we’ll provide you with information on how to submit additional reports, if necessary.
(a) You may also file a Notice of Claimed Infringement by submitting a letter to the Company addressed to either one or both of the following addresses:
Active Emails, 1001 S Main Street STE 8039, Kalispell, MT 59901
(b) In your Notice of Claimed Infringement, you must provide all of the following information:
The full identifying information for the maker of the Notice of Claimed Infringement, including all relevant names, addresses, phone numbers, and e-mail addresses of both individuals and companies who are making complaint.
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Identification or description of the copyrighted work that you claim has been infringed.
Identification or description of where the material that you claim is infringing your rights is located on the Company site, with enough detail that we may find it on the Site.
Your address, telephone number, and email address.
A statement by you that you have a good-faith belief that the use of the allegedly infringing material isn’t authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(c) You must also include information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and an electronic mail address at which you may be contacted.