MARKET VOLT TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND SERVICES. BY USING THIS WEBSITE OR THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT USE THIS WEBSITE OR THE SERVICES.
1. General Terms and Conditions.
MarketVolt (“MarketVolt” or “we” or “us”) is an email service offered through the URL www.marketvolt.com (the “Website”) that allows you to create, send, and manage email newsletters (“Emails”) to individual recipients (the “Service”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
These Terms of Service (“Terms,” including without limitation your Contract, our Privacy and Permissions Policy, and Anti-Spam Policy) define the terms and conditions under which you’re allowed to use MarketVolt. We may amend these Terms from time to time due to changes to the Website or Services, to account for developments under the law, or for any other commercially reasonable reasons. Future performance by us of our obligations under these Terms is sufficient consideration for any such amendments. Amendments will become effective by posting on our Website and, if you do not agree to any such amendment, you should stop using the Website and the Services immediately. By logging into your MarketVolt account, by accessing the Website, or by accessing any of the Services, you accept and agree to these Terms on behalf of yourself and any business or organization you represent.
In order to use MarketVolt, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms as provided in Section 1; and
- provide true, complete and current contact and payment information.
By using MarketVolt and accessing the Website or the Services, you represent and warrant that you meet all of the requirements listed above, and that you will not use MarketVolt in a way that violates the Terms, or any laws or regulations. MarketVolt may refuse service, close user accounts, and change eligibility requirements at any time.
The Term of the Services is expressly outlined in your Contract with MarketVolt. Unless otherwise indicated, these Terms are supplemental to the Contract you entered for provision of these Services. To the extent those supplemental terms conflict with these Terms, the supplemental terms associated with your individual Contract govern with respect to your use of the Services to the extent of the conflict. By entering your username and password, you’ve officially “signed” the Terms. If you sign up for MarketVolt on behalf of a company or other entity, you represent and warrant that you have authority to accept these Terms on their behalf.
2.3 Terminating Your Account.
You or MarketVolt may terminate your account at any time and for any reason by giving Notice to the other party. However, if you terminate your use of the Services before your Contract Term expires, you remain bound by the terms of the Contract you entered with MarketVolt for provision of the Services and responsible for any costs specified in your Contract. You may notify MarketVolt of your desire not to renew your Contract by contacting your account representative or by sending an email to firstname.lastname@example.org. We may suspend our Services to you at any time, with or without cause. If we terminate your account for cause, such as for violation of these Terms, we will not refund or reimburse you. If we terminate your account without cause, we shall refund only unearned credits. Once terminated, we may permanently delete your account and all data associated with it, including your emails from our Website. If you don’t log into your account for 12 or more months, we may treat your account as inactive and permanently delete the account and all the data associated with it.
2.4 Account Assistance.
You understand and acknowledge that MarketVolt may from time to time provide you with account assistance, including but not limited to marketing advice, template design, frequently asked questions and tips on best practices. You acknowledge that such assistance and information is provided as a convenience to you and that such assistance and information is not intended to and does not constitute legal advice and that no attorney-client relationship is formed. MarketVolt does not warrant or guarantee that your use or compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third party rights.
2.5 Account and Password.
Prior to using the Services, you must provide accurate, current, and complete contract and billing information to MarketVolt, and you must update and keep current the information on the “Account Summary” page which you can access through the Services. As part of the registration process, you will designate a password or be assigned one. You may assign multiple users (with unique passwords) to have access to the account. You are solely responsible for maintaining the security of the account, passwords and files, and all uses of the account and the Services in your name. You’re also responsible for any account that you have access to, whether or not you authorized the use. You agree to immediately notify us of any unauthorized use of your accounts or of any other breach of security. MarketVolt is not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
In order to use the Services, you must pay in advance or establish an authorized payment process. Your account will be charged for use of the Services according to the pricing structure established by MarketVolt and specified in your Contract. As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit or bank card information and authorize us to deduct charges against that credit card as specified in the Contract. You shall replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we are unable to process your credit card payment, we’ll try to contact you by email and suspend your account until your payment can be processed.
3. Rights and Responsibilities.
3.1 Proprietary Rights Owned by MarketVolt.
You shall respect our proprietary rights in the Websites, Services, and the software used to provide MarketVolt including, without limitation, our patents, trademarks, service marks, and copyrights. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; remove any proprietary notices or labels; or attempt to access the accounts or information of other users.
3.2 Proprietary Rights Owned by You.
You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service.
3.3 Confidentiality of Your Information and Data.
MarketVolt will not disclose personally identifiable information about you to third parties without your permission, unless MarketVolt believes that such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend the rights or property of MarketVolt or others; (3) enforce these Terms; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Terms. MarketVolt will not use your mailing list or any information about your recipients for any other purposes than in connection with providing the Services, unless required by law. MarketVolt will not use your mailing list for the purpose of sending unsolicited commercial email. MarketVolt will not install any plug-in or apply any software to any recipient’s computer to direct that recipient to the Website. MarketVolt may install cookies on a recipient’s computer for the purpose of click-through tracking, session tracking, and security.
3.4 Email Message Requirements.
Every email message that you send through the Services must contain an identifying footer, featuring your postal address, in accord with federal anti-SPAM statutes. In addition, the footers of your emails shall include the MarketVolt logo, with a link to the Website and language stating that the email is “Generated by MarketVolt,” unless you purchase a custom footer from MarketVolt. The MarketVolt logo is proprietary and protected under intellectual property laws. You shall not display the MarketVolt logo in a way that implies a relationship, affiliation, or endorsement by MarketVolt of your product, business, or service’s name. Further, you shall not use the MarketVolt logo as part of your own product, business or service’s name. Finally, you shall not alter the MarketVolt logo in any way, or combine it with any other graphic(s), without express written consent from MarketVolt.
Every email message that you send through the Services must also contain an “unsubscribe” link or similar link that takes recipients to a page from which they can remove themselves from your mailing list. You will not remove, disable or attempt to disable this link.
4. Rules and Abuse.
4.1 General Rules and Conditions of Use.
By using or accessing the Services you agree to follow the rules set out within the Terms and Contract. You understand that any violation of the Terms may result in suspension or termination of your account without reimbursement or refund.
You are responsible for all acts or omissions that occur under your account, username(s), or password(s) and you will not engage, and will not allow others who use your account, username(s), or password(s) to engage in unacceptable use of the Services, which includes, without limitation, any use in violation of the Terms, Contract or use of the Services to transmit, disseminate or upload:
(a) unlawful, harassing, libelous, tortious, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party’s copyright, trademark, service mark, trade secret, privacy, or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;
(b) spam ( an electronic message is “spam” if (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent), chain letters, junk mail or any other type of unsolicited commercial email to people or entities who have not agreed to be part of such mailings; information under a false identity or in a manner that attempts to mislead any person as to the identity or origin of the communication.
(c) viruses or other harmful, disruptive, malicious, or destructive files, code or programs;
(d) content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older; or,
(e) messages to individuals under the age of thirteen years old or messages seeking to obtain personal information about individuals under the age of thirteen.
You will further not use the Services for any other unlawful purpose. You shall not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party.
4.2 Compliance with Laws.
You represent and warrant that your use of MarketVolt will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for your use in light of any regulations such as HIPAA and FERPA. If you are subject to regulations and you use our Services, we will not be liable if our Services do not meet those requirements.
The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States or other export laws. You are using the Software at your own risk.
4.3 MarketVolt’s Remedial Rights.
Although MarketVolt has no obligation to monitor the content provided by you or through your use of the Services, MarketVolt may do so and may remove any such content or prohibit any use of the Services it believes may be in violation of the Terms. MarketVolt reserves the right to protect the reputation of its sending IP addresses and sending domains. If your sending practices result in, or may lead to, a bounce rate or spam or complaint rate that exceeds industry thresholds, MarketVolt is authorized to take remedial actions including, but not limited to:
a) administrative opt-out of problematic email addresses;
b) list cleansing by MarketVolt at your expense;
c) temporary account suspension;
d) account termination with, or without, prorated refund of license fee at MarketVolt’s discretion;
e) equitable, injunctive or other relief.
5.1 Limitation of Liability.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. MarketVolt shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence.
To the maximum extent permitted by law, MarketVolt provides the material on the Website and the Service as is. MarketVolt provides no warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold MarketVolt harmless from any losses (including attorney fees) that may result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold MarketVolt harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
5.4 Attorney Fees.
If MarketVolt files an action against you claiming that you breached any of these Terms and MarketVolt prevails, MarketVolt is entitled to recover reasonable attorney fees and any damages or other relief that may be awarded.
MarketVolt is not responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under the Contract, Terms or otherwise to anyone else. We may assign our rights to any other individual or entity at our sole discretion.
6.2 Choice of Law.
The State of Missouri’s laws will apply to any dispute related to these Terms, the Contract, the Website or the Services. Any dispute will be decided by the state and federal courts in St. Louis, Missouri, and each party will be subject to the jurisdiction and venue of those courts.
No failure or delay in exercising or enforcing right or remedy in the Terms by MarketVolt shall constitute a waiver of any right or remedy or future exercise thereof.
6.4 Service Availability and Force Majeure.
MarketVolt will occasionally make Services unavailable for short periods to conduct routine maintenance and upgrades. We will provide as much advance notice as reasonably possible (about the timing of planned shutdowns) prior to a temporary shutdown. We are not liable to you or any third party for such shutdowns. Further, MarketVolt strives to maintain the availability of the Services at all times, but we make no representation or promise that the service will always be available. MarketVolt will not be held liable to you or any third party for delays or failure in performance of any part of the Service, from any cause within or beyond our control. These include, but are not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. Your sole and exclusive remedy for any failure or nonperformance of the Services will be for MarketVolt to use commercially reasonable efforts to adjust or repair the Services.
6.5 No Agency.
Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
The provisions of these Terms are intended to be severable. If any provision is found to be unenforceable or void, the remaining provisions are to remain in force and effect as if that provision had been excluded from the Agreement originally.
6.7 Entire Agreement.
These Terms, our Privacy and Permissions Policy, Anti-Spam Policy, and your Contract (all of which are incorporated into these Terms by reference) make up the entire agreement and supersede all prior agreements, representations, and understandings relating to the subject matter of these Terms, and any and all waivers and/or modifications to these Terms must be in writing and signed by both parties, expect as otherwise provided herein.