Current as of September 8, 2017
4325 Alexander Dr #100
Alpharetta, GA 30022
These Terms and Conditions May Change
Use of the Email Marketing Software requires your own email service credentials. Amazon Simple Email Service (SES) is required to track email statistics such as deliveries, bounce backs and complaints in the Email Marketing Software. An SMTP email service may be used if those email statistic features are not needed.
The Company will assist you with establishing your credentials for Amazon Simple Email Service (SES). Your credentials for Amazon Simple Email Service (SES) will be available as long as your Subscription Period is in effect.
Use of Amazon Simple Email Service (SES) means you agree to the terms for Amazon Simple Email Service contained in the AWS Service Terms document (https://aws.amazon.com/service-terms/) with references to the AWS Customer Agreement (https://aws.amazon.com/agreement/) and AWS Acceptable Use Policy (https://aws.amazon.com/aup/).
User/Licensee Responsible for Compliance with all Laws
You are responsible for evaluating whether or not the Email Marketing Software is legal to use in the manner you either use it in or intend to use it in. You are responsible for complying with all rules, regulations, statutes, and laws, at the municipal, state, federal, and international level as the case may be that govern email marketing, data protection, disclosure requirements, advertising or the use of services similar to the Email Marketing Software (“Laws”).
The Email Marketing Software is subject to U.S. export controls and may not be exported (by physical or electronic means) without first complying with all applicable import/export laws and regulations.
You will cause every email assisted by the Email Marketing Software to clearly define who the Sender is in the “from” line of every email such that the user and the licensee are clearly identified. You represent and warrant that you will not impersonate any person or organization and will not use fake or fictitious names. You will cause every email assisted by the Email Marketing Software to accurately identify the subject of the email in the “subject” line of every email and are prohibited from placing any misleading or deceptive information in the “subject” line.
The Company considers any unsolicited mass or bulk email sent to persons or entities whom have not expressly opted in (provided explicit permission) to receive such emails from the sender to be spam (“Spam”). Utilizing the Email Marketing Software for Spam is expressly prohibited. All licensees and users of the Email Marketing Software expressly agree to only utilize the Email Marketing Software for Opt-In Communications and to not send Spam. “Opt-In Communications” means permission based emails where the email recipient has agreed to receive mass marketing emails from the sender.
An email recipient can opt-in via a website form, a point-of-sale form, via any physical form, or via any other legal means of opting-in to receive mass emails. At a minimum, an opt-in form must include a clear and explicit disclosure of what types of emails will be sent and how often such emails will be sent. Licensees and users of the Email Marketing Software may not use email addresses from purchased, rented, or third party lists even when such email lists have acquired permission from the owners of the email addresses.
Opt-In Communications must include your valid physical address or a valid post office box. Additionally, all Opt-In Communications must include a hyperlink allowing the recipient to unsubscribe from future communications. Immediately upon receiving an un-subscription click (an “Opt-Out”), you must immediately remove the recipient from any mailing list and may no longer contact that recipient with the aid of the Email Marketing Software unless and until that recipient affirmatively opts-in again. You are prohibited from requiring an Opt-Out from providing you any identifying information other than an email address, charging a fee for Opting-Out, or requiring the Opt-Out to complete any other procedures other than clicking the Opt-Out link.
Opt-In Communications do not include emails sent to email addresses collected as part of a survey or an event registration. Opt-In Communications also do not include emails sent to email addresses collected from the “likes” on Facebook® pages, “follows” on Twitter®, or other similar methods of capturing an email address. You may not request any email address to opt-in that you have harvested from other websites, purchased from a third party, or that you have acquired through the means of a pre-checked form that an email recipient has to uncheck in order to not provide you permission. Finally, Opt-In Communications do not include any communications that are impermissible under any Laws.
You are expressly prohibited from utilizing the Email Marketing Software (either directly or indirectly) to assist you in distributing, disclosing, selling or otherwise propagating any morally objectionable (as determined in the sole discretion of the Company) or illegal activity or product under any Laws including, but not limited to the following:
Pornographic materials including, but not limited to adult entertainment pictures, media, or links; nudity; services that advertise illegal companionship, prostitution, escorts, or other similar services
Drugs, narcotics, or products/paraphernalia related thereto
Gambling, betting, poker, or other similar wager activity (legal or otherwise)
Personally identifying information or health related information whether subject to HIPAA regulations or not
Information, content, or other material to children under the age of 18 (“Minors”)
Information, content, or other material that exploits Minors
Any harmful code, links, malware, adware, or similar content that could harm systems of a recipient including but not limited to viruses, worms, and trojan horses
Spam of any sort
Securities offerings, promotions, or solicitations
Loan offerings, promotions, or solicitations
Fraudulent or misleading materials
Any content that is offensive, bigoted, racist, prejudiced, discriminatory or otherwise is obscene, defamatory, libelous, or untrue
Any content that promotes violence, illegal activity, or provides information or assistance with the same
Intellectual property, confidential information, or trade secrets of others that you do not have the license or right to use or that otherwise violates or misappropriates the intellectual property rights, confidentiality, or trade secret rights of others.
Anything illegal or unlawful
The Email Marketing Software is for the business use of licensees of the Company that have a current and valid license under an Agreement and their authorized users. Illegal and/or unauthorized uses of the Email Marketing Software may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
The use of the Email Marketing Software requires the emails and content be delivered by via transmission over various networks and requires internet access to work. Your use of the Email Marketing Software is at your own risk. Messages will be transmitted over a medium that may be beyond the control and jurisdiction of the Email Marketing System and the Company. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Email Marketing Software.
You agree that the Company may, in its sole discretion, establish rules and limits related to the number of characters or size of content that may be distributed through the assistance of the Email Marketing Software. You further agree that the Company may, in its sole discretion, establish rules and limits related to the number of messages that may be sent by you in any given time period. Absent an agreement to the contrary signed by the Company, WorkWise limits the number of messages and emails sent with the assistance of the Email Marketing Software to 10,000 emails and messages (in the aggregate) per month per Licensee (the “Limit”).
Limitations of Liability
AS PARTIAL CONSIDERATION FOR YOUR USE OF THE EMAIL MARKETING SOFTWARE, YOU AGREE, TO THE FULLEST EXTENT PERMITTED UNDER LAW, THAT THE COMPANY IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS RELATED TO YOUR USE OF THE EMAIL MARKETING SOFTWARE. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY ARISING FROM OR RELATED TO YOUR USE OF THE EMAIL MARKETING SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE ACTUAL AMOUNTS PAID TO THE COMPANY BY YOU FOR THE RIGHT TO USE THE EMAIL MARKETING SOFTWARE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE FACTS THAT GAVE RISE TO YOUR ACTION OR CLAIM.
ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE COMPANY WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE EMAIL MARKETING SOFTWARE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (A) USE OR INABILITY TO USE THE EMAIL MARKETING SOFTWARE, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, OR (C) ANY OTHER MATTER RELATING TO THE TRANSMISSION OF CONTENT OR MESSAGES WITH THE ASSISTANCE OF THE EMAIL MARKETING SOFTWARE.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS THAT YOUR STATE DISALLOWS DO NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Entire Agreement, Venue, and Choice of Law