This Acceptable Use Policy (the “Policy”) sets out the rules applicable to your use of the CampaignLadder. (“CampaignLadder”, “we”, “us” or “our”) hosted email platform and related services, including the Elastic API (the “Services”).
We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicating the changes through our Services or by other means so that you may review the changes before continuing to use our Services. Your continued use of the Services after we publish or communicate a notice about any changes to this Policy means that you agree to the changes.
General Email Rules
You agree to adhere to the following rules when using the Services:
Do not send email to purchased, rented or third-party email lists of any kind.
Do not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify you.
Do not use deceptive subject lines or re-direct links to sites and pages that are not relevant to the content of your email.
Your email must include a clear and conspicuous unsubscribe link in a form acceptable to Elastic that directs through Elastic’s hosted email platform. Each link must remain valid for at least 60 days after your email is sent, and you must not remove or disable such link.
You must honor opt-out requests promptly (no later than 10 business days after receiving the request) and you must be able to process opt-out requests for at least 60 days after your email is sent.
You must accurately identify yourself in your email and include your valid physical postal address and email address (or telephone number) by which you can be contacted. The information must remain valid for at least 60 days after your email is sent.
If you send advertisements, you must clearly and conspicuously identify your email as advertisements.
You are only allowed to have one account sending the same or similar content. If your account is suspended or canceled, creating another account may result in cancellation.
You agree that you will not use the Services to send email that contains, offers, promotes, references or links to any information or content related to the following:
defamatory or libelous information or content;
pornographic, sexually explicit or otherwise adult-oriented information or content;
vulgar, obscene, profane, offensive, abusive, or threatening information or content;
false, misleading, inaccurate or deceptive information or content;
information or content that is discriminatory, racist, or promotes violence against any individual or group;
information or content that infringes or misappropriates the intellectual property or other proprietary rights of any third party;
viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
hacking, software piracy, spyware, surveillance, interception or descrambling equipment, phreaking, emulators, or illegal file sharing activity;
information or content contrary to any applicable laws or regulations; or
information or content otherwise deemed by CampaignLadder to be unsuitable or harmful to CampaignLadder, the Services or CampaignLadder’s affiliates, partners, customers or users.
Prohibited Products & Services
You agree that you will not use the Services to send email that contains, offers, promotes, references or links to any of the following products, services or content:
weaponry, firearms, ammunition, fireworks, or explosives;
hazardous materials or hazardous substances;
multi-level marketing or affiliate marketing;
work from home, make money on online and the internet lead generation opportunities;
casino or online gambling;
foreign exchange programs and software (FOREX);
stock trading software;
“get rich quick” schemes;
instant weight loss schemes; or
list selling services.
Account Suspension or Cancellation
If we suspect that your account is being used in contravention of this Acceptable Use Policy or otherwise in a manner that is harmful to CampaignLadder or the Services, we may restrict your access or use of your account, including by suspending or canceling your account. Here are some examples of some reasons why we might take action against your account:
we have received a high volume of complaints regarding email sent from your account. Complaints are tracked when recipients mark your email as junk or spam;
your account has sent a high volume of email to invalid email addresses;
our internal spam prevention measures have identified email sent from your account as being in contravention of this Acceptable Use Policy.
If you wish to dispute any action taken against your account, please contact us.
This Policy was last updated on November 1, 2016. We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicate the changes through our Services or by other means so that you may review the changes before continuing to use our Services. Your continued use of the Services after we publish or communicate a notice about any changes to this Policy means that you are consenting to the changes.
Accountability and Openness / Compliance
CampaignLadder is responsible for personal information under our control. We have established policies and procedures to effectively safeguard any confidential personal information that we collect and to deal with complaints and inquiries. We are committed to maintaining the accuracy, confidentiality, and security of your personal information, and we will ensure that you have access to information regarding the policies and procedures that we use to manage your personal information.
CampaignLadder has designated a privacy team (“Privacy Officer”) who is accountable for our compliance with this Policy, and for ensuring that information about our policies and practices relating to the management of personal information is easily accessible. All questions or concerns regarding this Policy and our compliance with it should be directed to the Privacy Officer in writing and sent by email to Support@CampaignLadder.com.
Every complaint or challenge regarding our compliance with this Policy will be investigated, and where a deficiency is found to exist, we will take appropriate measures to address it. This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual user.
By using the Services, you signify your agreement to the terms and conditions of this Policy and to our collection, use and disclosure of your personal information as set out herein. You may change or withdraw your consent to the collection, use or disclosure of your personal information at any time by contacting the Privacy team in writing at the address listed above (see: Accountability and Openness / Compliance). In some circumstances, a change or withdrawal of consent may affect your ability to use the Services.
Collection and Retention of Information
We collect Personal Information only to the extent that it is necessary for the purposes set out below (see: Purpose – Why We Collect, Use and Disclose Information).
Subject to any legal or accounting requirements, we will retain personal information only as long as necessary to fulfill the purposes for which it was collected. Personal information that is no longer required will be destroyed, erased or made anonymous, although copies of deleted information may continue to exist on backup media.
Information that we may collect includes:
User Submitted Information
We collect certain personal information at the time users register to create an account or update their account details, including a user’s name, e-mail address, and other contact information. We also collect personal information that users submit through their use of the Services, including when they submit contact and other information they have collected from their email subscribers and when they create and send email campaigns.
We collect certain non-identifying information about the usage of the Services, including information about how users are using the Services and the characteristics of those users. This information is anonymized and is not used by us to identify you as an individual.
Technical and Device Information
We collect certain non-identifying information related to a user’s access to the Services, including the Internet Protocol (IP) address of the user’s computer, the date and time the user accessed the Services and the operating system that the user is using. We make no attempt to link this information with the identity of individuals visiting our website without express permission. We may, however, review server logs and anonymous traffic for system administration and security purposes, for example, to detect intrusions into our network, for planning and improving web services, and to monitor and compile statistics about website usage. The possibility, therefore, exists that server log data, which contains users’ IP addresses, could in instances of criminal malfeasance be used to trace and identify individuals. In such instances, we may share raw data logs with the appropriate authorities for the purpose of investigating security breaches.
Cookies and Web Beacons
A “cookie” is a small piece of information stored on your computer by a web page. It is used to identify you to the web server. It tells the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system.
A “web beacon” is an invisible electronic image that is used to track certain information. We use web beacons on our websites, in emails, we send to you and in emails, you send through the Services. The information gathered from the web beacons, such as who opened emails or clicked on links in the emails or on our websites, allows us to measure the success of email campaigns and to improve the Services.
Purpose – Why We Collect, Use and Disclose Information
We will identify the purposes for which we collect personal information before or when we request the information. We will not collect personal information which is not necessary and, except as specified below, will not use or disclose personal information for any purpose other than the purpose(s) for which it was collected without first obtaining your consent. The information that we collect is used and disclosed only for business purposes. This include:
to enable you to access and use the Services;
to process, track and communicate with you about the usage of the Services;
to establish, maintain and manage business relations with you so that we may provide you with the information, products or services that you request;
internal business purposes, such as administering or improving the Services;
to perform internal market research and conduct polls and surveys;
to obtain feedback regarding the Services and our ability to address a user’s needs;
to provide users with information and promotional materials regarding CampaignLadder and CampaignLadder’s products and services;
to protect us against error, fraud, theft or damage to our goods, our business or our property;
to comply with any legal, accounting and regulatory requirements, including reporting requirements, applicable laws, and any search warrants, subpoenas or court orders; and
any other reasonable purpose for which you provide consent.
We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law, government request or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request or court order, or to protect our assets, the users of our website, or the public.
Disclosure to Third Parties
We may disclose your personal information in response to requests from government agencies, law enforcement authorities, and regulators, or to satisfy legal or regulatory requirements. We may also disclose your personal information when we buy a business or sell all or part of our business.
You further acknowledge and agree that, in the course of providing the Services to you, we may delegate our authority to collect, access, use, and disseminate your information to third party subcontractors. Third party subcontractors may include web hosts, payment processors, delivery and logistics providers, social network integrators, and membership vendors. If we transfer any personal information to a third party subcontractor, we will provide the subcontractors only with the information needed to perform the subcontracted service, and will use appropriate contractual or other means to provide a comparable level of protection while the information is being used by them.
Safeguards – How Information is Protected
We maintain reasonable security safeguards to protect personal information in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. The safeguards applied will depend on the sensitivity of the personal information, with the highest level of protection given to the most sensitive personal information. We use user IDs, passwords and encryption technology, and restrict the employees and contractors who have access to personal information to those having a “need to know” and who are bound by confidentiality obligations in order to ensure that information is handled and stored in a confidential and secure manner. When destroying personal information, we delete electronically stored personal information and shred any tangible materials containing personal information. While we will endeavor to destroy all copies of personal information, you acknowledge that deleted information may continue to exist on backup media but will not be used unless permitted by law.
We will continually review and update our security policies and controls as technology evolves. However, no security technology can be guaranteed to be failsafe. Using the Internet or other public means of communication to collect and process personal data may involve the transmission of data on an international basis and across networks not owned and/or operated by us. Therefore, by using the Services and/or communicating electronically with us, you acknowledge and agree to our processing of personal information in this way and agree that we are not responsible for any personal information which is lost, or which is altered, intercepted or stored by a third party without authorization.
Accuracy / Access
CampaignLadder has a responsibility to ensure that all personal information contained in our records or which is disclosed to third parties for the purposes described above is accurate, complete and up-to-date. You may make a request in writing for access to your personal information. We will inform you of your personal information held by us, and provide an account of the use that has been made of the information, as well as identify any third parties to whom the information has been disclosed. You may have reasonable access to your personal information, and if you demonstrate the inaccuracy or incompleteness of personal information, the information will be amended as appropriate. You should advise us immediately if you discover inaccuracies in our data, if your personal information changes, or if you wish to have your information removed from our files. All notices and requests should be in writing and sent to the Privacy Officer at the address listed above (see: Accountability and Openness / Compliance).
International Transfer and Storage of Information
You acknowledge and agree that your personal information may be transmitted, transferred, processed, and/or stored outside of India including in the United States, and therefore may be available to governmental authorities under lawful orders and laws applicable in such jurisdictions. We will use reasonable means to ensure that your information is protected, but cannot guarantee that the laws of any foreign jurisdiction will accord the same degree of protection as the laws of US.
Third Party Content and Links to other Websites
The Services may contain optional links to third party Internet websites and services. You acknowledge that these third parties may collect data from users or their computers. The accessing and use of third party websites or services is at your own risk, and we cannot assume responsibility for the privacy practices, policies or actions of the third parties who operate those websites or services. This Policy applies only to the CampaignLadder Services, and we encourage you to review the privacy policies of any third parties when using their websites or services.
Minors (persons under the age of majority as defined in your jurisdiction) are not eligible to use the Services unsupervised, and we request that minors do not submit any personal information to us. If you are under the age of majority in your jurisdiction, you may only use the Services in conjunction with and under the supervision of an adult. CampaignLadder does not knowingly collect personal information from minors.
CampaignLadder.com’s stand on spam
we’ve made a strong, zero-tolerance anti-spam policy to protect the delivery rates of our customers and reputations of our Infrastructure. If you feel one of our customers has sent you spam, please email us below and we’ll immediately take steps to solve the problem.
Our Anti-Spam Policy
Simply stated, we at CampaignLadder Email are anti-spam. We hold the privacy of all users in the highest regard, as well as the recipients of emails sent by our customers.
The CAN-SPAM Act
The Federal CAN-SPAM Act, put into law in 2003, dictates rules in sending commercial email. We at CampaignLadder rigorously follow these rules and add a few more for added safety, they include:
If you are sending commercial email, non-personal, business-focused email, you must have specific consent to email your recipients. You can do this by using opt-in or closed loop opt-in to sign up subscribers.
When you use opt-in, you must make a reasonable effort to make certain the person who signed up to receive communications from you is who they say they are.
You must hang on to evidence that subscribers have given you consent, and must be able to produce that evidence within 72 hours of request.
You must tell you recipients, in your email, where you got their info. This might include a line that says “you received this email because you signed up for our newsletter at www.CampaignLadder.com.
You must honor all unsubscribe requests within 10 days of receipt and provide a reasonable way for customers to unsubscribe.
You must be able to track down anonymous complaints.
You must tell the truth in your email, from where your office is located to who is sending the actual communication.
All CampaignLadder.com customers are bound, by law, into following these guidelines. If you are sent an unexpected email from a CampaignLadder customer, please let us know, but understand that there are steps you can follow:
Click on the unsubscribe link in the unexpected email you receive.
Contact our support staff and request that we take you off all all potential emails from us.
If you feel one of our customers has sent you spam, please contact us at support@CampaignLadder.com
YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH CAMPAIGNLADDER. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Wherever used in these Terms, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
CampaignLadder reserves the right to modify, supplement or replace these Terms, effective upon posting an amended version on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
1. THE SERVICES
1.1 Eligibility. In order to access and use the Services, you must:
(a) be at least the age of majority in your jurisdiction;
(b) complete the registration process to create a user account; and
(c) provide and maintain complete, accurate and up-to-date contact and account information.
1.2 Account and password. You are responsible for all activity that occurs through your account, whether or not that activity is authorized by you. You agree to take reasonable precautions to ensure that your username, password and other account information are kept confidential, to not share such information, and to immediately notify us of any unauthorized use of your account.
1.3 Updates and Functionalities. You acknowledge and agree that CampaingLadder may from time to time apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
1.4 Third Party Products and Services. The Services may enable you to access, interact with or purchase products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services (“Third-Party Services”). CampaignLadder provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals or verification by CampaignLadder of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services, and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.
1.5 Anti-Spam Measures. CampaignLadder reserve the right to take any and all measures it deems necessary or appropriate in its sole discretion (whether legal, technical or otherwise) to prevent the Services from being used to send unsolicited email (i.e. “spam”) and to address complaints by third parties regarding the sending of such email. Without limitation, you agree that CampaignLadder may in its sole discretion suspend or cancel your account if it suspects that your account is being used to send unsolicited email.
2. RULES OF USE
2.1 Permitted Uses. You agree that you will at all times use the Services in a manner consistent with: i) these Terms; ii) the Acceptable Use Policy; and iii) any other applicable rules, policies and guidelines established by CampaignLadder in respect of the Services. Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited and CampaignLadder reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or cancel the account of any user who is using, or who CampaignLadder reasonably believes is using, the Services in violation of these Terms.
2.2 Compliance with Laws. You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including without limitation, all applicable anti-spam and privacy laws (collectively, the “Regulations”). For greater certainty, the Regulations may include depending upon your use of the Services, but will not necessarily be limited to, CAN-SPAM and CASL. You will be solely responsible for determining whether the Services as used by you comply with the Regulations, and you acknowledge and agree that CampaignLadder will not be liable for any use of the Services by you that violates the Regulations.
2.3 Consents. Without limiting Section 2.2, you further represent and warrant that you will not send any emails other than Transactional Messages (as defined in Section 2.4) unless the email recipients have provided you with valid consent under the Regulations to receive communications from you. (For more information on obtaining consent to send email, please visit CampaignLadder’s support page.
2.4 Transactional Messages. The Services may allow you to send Transactional Messages. “Transactional Messages” are defined as communications that are sent in response to an action by an email recipient related to a product or service offered by you (e.g. a confirmation email sent in response to a purchase of a product or service through your App or website) or that concern the ongoing use, purchase or subscription by an email recipient of a product or service offered by you. You must not send Transactional Messages that are bulk messages or messages that have a purpose of encouraging the participation in a commercial activity.
3. INTELLECTUAL PROPERTY
3.1 CampaignLadder Services. CampaignLadder is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by CampaignLadder. Without limiting the generality of the foregoing, CampaignLadder owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
3.2 Feedback. If you submit any suggestions, comments or other feedback (“Feedback“) to CampaignLadder regarding the Services, you agree that CampaignLadder shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that CampaignLadder may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
3.3 User Content. You retain ownership of all information and content (including text, images, video, audio and other material) that you upload, publish, transmit, link to or otherwise make available through the Services (“User Content”). You grant to CampaignLadder a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index and archive User Content or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such User Content, for the purpose of providing the Services. You are solely responsible for User Content that you upload, publish, transmit, link to or otherwise make available through the Services. If you are posting User Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms.
4.1 Credit. You may purchase “Credit” which may be exchanged for certain email related services. Credit will remain in your account for as long as your account is active. If your account shows no activity for a period of twelve (12) months, your Credit will automatically expire and will no longer be available for use.
4.2 Billing. If you are purchasing Credit or otherwise making a payment to CampaignLadder, you must provide CampaignLadder with a valid credit card or other form of payment instrument approved by CampaignLadder. You agree that CampaignLadder has permission to retain and/or share with financial institutions and payment processing firms your submitted payment information in order to process your purchase. If you select an automatic payment option, you agree that CampaignLadder may automatically bill your credit card or other form of payment instrument approved by CampaignLadder in accordance with the terms of the applicable automatic payment option. CampaignLadder may change the fees charged for Credit from time to time, including without limitation, fees charged under an automatic payment option, by posting a new pricing structure to the Services or otherwise providing you with notice. Unless otherwise expressly stated, all payments must be made in United States dollars.
4.3 Refunds. You cannot request a refund for unused Credit. You acknowledge and agree that you are not entitled to any refunds for any amounts paid after such purchase or in the event your account is suspended or cancelled for cause.
4.4 Disputes. You must submit to CampaignLadder any disputes with respect to charges within sixty (60) days of the date such charges are incurred. You agree to waive all disputes not brought within sixty (60) days of the date charges are incurred and that all such charges are final.
5. PRIVACY & DATA
5.2 Email Record Retention. You acknowledge and agree that CampaignLadder may, in its sole discretion, permanently erase email records (e.g. copies of emails sent and certain information relating to sent emails) after thirty-five (35) days of such emails being sent, and CampaignLadder has no obligation to retain such records beyond the thirty-five (35) day period.
5.3 User Content Retention. CampaignLadder may, in its sole discretion, permanently erase any User Content and any other information or materials associated with your account if your account is suspended or cancelled for thirty (30) days or more.
“Confidential Information” means any information or materials of CampaignLadder that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services.
7. TERM AND TERMINATION
7.1 Term. These Terms shall commence on the date on which you first register for, access or use the Services and shall continue until your account is cancelled.
7.2 Termination. You may cancel your account at any time by [describe cancellation procedure (e.g. link to support site with cancellation instructions)]. CampaignLadder reserves the right, in its sole discretion and at any time, to immediately suspend or cancel your account, with or without cause, with or without notice and without any refund. You acknowledge and agree that CampaignLadder will not be liable to you or any third party as a result of such suspension or termination, provided that in the event your account is cancelled without cause.
7.3 Effects of Termination. Upon termination of these Terms for any reason: i) any rights and licenses granted to you under these Terms will terminate; ii) upon request within sixty (60) days of termination, CampaignLadder will provide you with a list of unsubscribe requests received by your account; iii) you shall continue to process all unsubscribe requests as required by law with respect to any email campaigns sent through the Services; and iv) you shall immediately pay to CampaignLadder any amounts that are outstanding.
7.4 Survival. The following provisions will survive termination of these Terms: Sections 3, 6, 7.3, 7.4, 8, 9, 10, 11.5, 12.1 – 12.3 and any other provision of this Agreement that must survive to fulfill its essential purpose.
8. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPAIGNLADDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAMPAIGNLADDER EXPRESSLY DISCLAIMS THAT: (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; AND (IV) THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED. IN ADDITION, CAMPAIGNLADDER EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO: (I) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY SUBSCRIBER CONTENT; (II) ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES IN ASSOCIATION OR CONNECTION WITH THE SERVICES, INCLUDING ANY THIRD PARTY SERVICES; (III) ANY HACKING OR OTHER UNAUTHORIZED ACCESS TO OR USE THE SERVICES; AND (IV) ANY DAMAGE TO YOUR SOFTWARE, COMPUTER SYSTEM OR OTHER PROPERTY CAUSED BY VIRUSES OR OTHER MALICIOUS CODE AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES.
9. LIMITATION OF LIABILITY
9.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BY STATUTE, CONTRACT, TORT OR UNDER ANY OTHER FORM OF LIABILITY, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU WITH RESPECT TO THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
9.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPAIGNLADDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAMPAIGNLADDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR THE SERVICES.
9.3 YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED FOR THE SERVICES, WHICH WOULD HAVE BEEN SUBSTANTIALLY GREATER IF CAMPAIGNLADDER WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
10. USER INDEMNITY
You agree to defend, indemnify and hold CampaignLadder harmless from and against any and all claims, actions or demands, including without, limitation reasonable legal and accounting fees, resulting from or related to: (i) your access to or use of the Services or any User Content; (ii) your violation of these Terms or the Acceptable Use Policy ; (iii) your violation of any applicable laws, including without limitation, anti-spam or privacy laws; or (iv) your violation of any third-party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You will use your best efforts to cooperate with CampaignLadder in the defense of any claim. CampaignLadder reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11.3 Billing. You will be charged Credit purchased pursuant to Section 4.1 for the use of certain email services by your Third Party Customers based on CampaignLadder’s then current pricing for the Services. In the event there is insufficient Credit in your account to pay for the cost of the use of such services by your Third Party Customers, you acknowledge and agree that your Third Party Customers will be unable to use such services until you have purchased additional Credit, and CampaignLadder will not be liable to you or your Third Party Customers for any loss or damage resulting from such limitation on use.
11.4 Support. You agree that you will be solely responsible for all aspects of customer relations management and support with respect to the Services for your Third Party Customers.
11.5 Indemnity. You agree to defend, indemnify and hold CampaignLadder harmless from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to the use of the Services by your Third Party Customers. You will use your best efforts to cooperate with CampaignLadder in the defense of any claim. CampaignLadder reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12.1 Governing Law. You agree that these Terms, and your use of the Services, are governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein (excluding conflicts and choice of laws principles). Any contract formed through the use of the Services will be deemed to have been formed and executed within the Province of British Columbia, Canada. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
12.2 Dispute Resolution.
(a) Means of Resolution. You and CampaignLadder agree that any disputes arising under these terms or otherwise in connection with your use of the Site will be resolved through arbitration under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended from time to time. Arbitration will be held in Victoria, BC, Canada, and conducted in the English language. Notwithstanding the foregoing, you agree that: (i) the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief, and for the purposes of enforcing the decision of any arbitrator appointed in accordance with this provision, and (ii) CampaignLadder may bypass arbitration in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.
(b) Class Waiver. You acknowledge and agree that you and CampaignLadder are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CampaignLadder otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable, then the entirety of this Section 12.2 will be deemed void.
12.3 Jurisdiction and Venue. If Section 12.2 is deemed void or is otherwise inapplicable, all disputes under these Terms will be resolved by a court of competent jurisdiction located in Victoria, British Columbia, Canada, provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
12.4 Force Majeure. Neither party shall be liable for delay or failure in performance (other than the making of payments) resulting from any cause beyond the reasonable control of such party, including but not limited to, acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike lockout, power failures, or the inability to use or the failure of any third party telecommunications carrier or other services, which events or conditions prevent in whole or in part the performance by such party of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make performance commercially unreasonable.
12.5 Assignment. You may not assign any of your rights or obligations under these Terms without our prior written consent. CampaignLadder may freely assign our rights and obligations under these Terms, either in part or in full, without notice to you.
12.6 Notice. CampaignLadder may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Site. Unless expressly prohibited by law, you consent to receive communications relating to the Services or our business relationship from CampaignLadder electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You may provide legal notice to CampaignLadder at [address].
12.7 Nature of Relationship. Nothing in these Terms or from your use of the Services will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship between you and CampaignLadder, even if your use of the Services is for a commercial purpose which has been authorized by us. You and CampaignLadder will, at all times, be and remain independent contractors.
12.8 Severability. The provisions of these Terms are severable. If any individual provision is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of these Terms, and all other provisions shall remain in full force and effect.
12.10 Waiver. The failure by CampaignLadder to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
12.11 Contact. If you wish to contact CampaignLadder with any questions, comments or concerns regarding the Services or these Terms, please refer to our Contact Us page.