AGENT CONTACT WIZARD® WEB SITE AND PRODUCTS TERMS AND CONDITIONS
OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS
WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO
NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
Agent Contact Marketing, LLC ("Agent Contact Wizard") provides insurance agents
with a tool to provide pre-written online email campaigns (the "Email Marketing
Product") to their customers. Agent Contact Wizard’s Products may not be used for
the sending of unsolicited email (sometimes called "spam"). See our No-Spam Policy
. The following are the terms and conditions for access to this web site and use
of the Products. By clicking the ‘I accept’ button on the sign-up page or by logging
in to Agent Contact Wizard, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright © 2007 Agent Contact Wizard, Inc. All rights reserved.
This web site, and the information which it contains, is the property of Agent Contact
Marketing, LLC and its affiliates and licensors, and is protected from unauthorized
copying and dissemination by United States copyright law, trademark law, international
conventions and other intellectual property laws. By way of example only, and not
as a limitation, "Agent Contact Wizard" and the Agent Contact Wizard logo are registered
trademarks of Agent Contact Marketing, LLC under the applicable laws of the United
States and/or other countries. Other Agent Contact Wizard product or service names
or logos appearing in this Site are either trademarks or registered trademarks of
Agent Contact Marketing, LLC and/or its affiliates. The absence of a product or
service name or logo from this list does not constitute a waiver of Agent Contact
Wizard’s trademark or other intellectual property rights concerning that name or
logo.
2. Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you
hereby acknowledge and agree that:
• The Products may not be used for the sending of unsolicited email (sometimes called
"spam").
• The Products may only be used for lawful purposes.
• The Email Marketing Product will be subject to monthly subscription fees once
you have completed your free trial period or have exceeded the free subscriber limit.
• You agree to import, access or otherwise use only lists for which all listed parties
have consented to receive correspondence from you ("Permission Based Lists") in
connection with your use of the Products.
• You will comply with the restrictions on content of e-mail messages and activities
using the Products as set forth in this Agreement.
3. Products and Support
The Products are provided subject to this Agreement, as it may be amended by Agent
Contact Wizard, and any guidelines, rules or operating policies that Agent Contact
Wizard may establish and post from time to time (this "Agreement"), including without
limitation Agent Contact Wizard's customer Privacy Policy, as linked from all email
generated from Agent Contact Wizard or otherwise furnished to you (the "Policy")
(unless otherwise stated, all references to the Agreement shall include the Policy).
By posting updated versions of the Agreement on the AgentContactWizard.com website,
or otherwise providing notice to you, Agent Contact Wizard may modify the terms
of the Agreement and may discontinue or revise any or all other aspects of the Products
in its sole discretion. All such changes shall become effective upon posting of
the revised Agreement on the Product or at Agent Contact Wizard's website. The Products
are available only to persons who can form legally binding contracts under applicable
law. Without limiting the foregoing, the Products are not available to individuals
under the age of 18. If you do not qualify, you are not permitted to use the Products.
If you are using the Products in your capacity as an employee, you must have the
ability to bind your employer by your use of the Product. You may from time to time
provide Agent Contact Wizard’s service personnel with remote access to your computers
and other systems for the purpose of troubleshooting issues that arise in your use
of the Products. You hereby waive any claim for damages from any problems that may
arise from such access, including without limitation any disruption or damage caused
by Agent Contact Wizard or its personnel.
4. Free Trial; Fees and Payment
4.1 Fees for Email Marketing Product. For the Email Marketing Product, once you
have completed your free trial period or have exceeded the free subscriber limit,
you will be subject to monthly subscription fees in accordance with (the "Fee Schedule").
The Fees are based on the number of subscribers in your account for the current
month’s issue. For purposes of this Agreement, each unique e-mail address will count
as one subscriber. You will be required to submit payment monthly in advance for
the Email Marketing Product (unless you have already provided payment or means of
payment, such as credit card information) and may purchase, in advance, a monthly
subscription for the Email Marketing Product. Access to the Email Marketing Product
will be disabled until payment is received. Fees will be billed monthly or your
pre-paid account will be debited monthly for the Email Marketing Product.
4.2 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule
from time to time and remaining aware of the fees charged by Agent Contact Wizard.
The Fee Schedule, including subscriber levels and prices, is subject to change at
any time in Agent Contact Wizard's sole discretion. Agent Contact Wizard will use
good faith efforts to notify you by email prior to the effectiveness of any change
to the Fee Schedule.
4.3 Payment. Payment for Products will be made by a valid credit card accepted by
Agent Contact Wizard. Fees are payable in U.S. dollars. If the monthly payment option
is selected or if you have previously provided your credit card for payment, you
hereby authorize Agent Contact Wizard to charge your credit card for such amounts
on a regular monthly basis beginning at the end of your free trial period. If Agent
Contact Wizard is for any reason unable to effect automatic payment via your credit
card, Agent Contact Wizard will attempt to notify you by email and your Agent Contact
Wizard account will be disabled until payment is received. Amounts paid for the
Products are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email message sent in connection with the Products
must contain an "unsubscribe" link that allows subscribers to remove themselves
from your mailing list and a link to the then current Privacy policy .
5.2 Permission Practices. You agree to import, access or otherwise use only Permission
Based Lists in connection with your use of the Products. You hereby covenant that
you shall not use any other lists in connection with your use of the Products. You
cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses.
You cannot copy an Agent Contact Wizard template or any other features or functionality
from the Products and use them for any purpose other than sending email messages
from the Products. Emails that you send through the Product may generate spam complaints
from recipients. As a matter of privacy, Agent Contact Wizard cannot share with
you the email addresses of those who complain about your email campaign. You are
responsible for ensuring that your email campaigns do not generate a number of spam
complaints in excess of industry norms. Agent Contact Wizard, in its sole discretion,
shall determine whether your level of spam complaints is within industry norms,
and its determination shall be final, binding and conclusive for all purposes under
this Agreement. Agent Contact Wizard will terminate your use of its Products if
Agent Contact Wizard determines that your level of spam complaints is higher than
industry norms.
5.3 Footers. For every email message sent in connection with the Products, you acknowledge
and agree that Agent Contact Wizard may add an identifying footer stating "Powered
by Agent Contact Wizard" or a similar message.
5.4 Use of Images Hosted by Agent Contact Wizard. Images hosted by Agent Contact
Wizard on Agent Contact Wizard controlled servers may only be used in connection
with the Products and for no other purpose whatsoever.
5.5 Prohibited Content. Agent Contact Wizard prohibits the use of content that is
pornographic, illegal, threatening, defamatory, or harassing.
5.6 Right to Disable Access. Agent Contact Wizard, at its own discretion, may immediately
disable your access to the Products without refund if Agent Contact Wizard believes
in its sole discretion that you have violated any of the policies listed above or
elsewhere in this Agreement.
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an Agreement for services and access to this
web site, and you are not granted a license to any software by this Agreement. 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, or found at or through the Products or any software, documentation,
or data related to the Products ("Software"); remove any proprietary notices or
labels from the Products or any Software, modify, translate, or create derivative
works based on the Products or any Software; or copy, distribute, pledge, assign,
or otherwise transfer or encumber rights to the Products or any Software. Unless
you are an authorized reseller of the Products, you may not display, copy, reproduce,
or distribute the Software, any component thereof, any documentation provided in
connection with the Products or the Software, or any content, including but not
limited to newsletters, distributed to you by Agent Contact Wizard in connection
with the Products. Violation of these restrictions may result in the termination
of this Agreement.
6.2 Permitted Use of the Products. The Products shall be used for your internal
insurance agency communication purposes only.
6.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance
with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws
(including but not limited to policies and laws related to spamming, privacy, obscenity,
or defamation and child protective email address registry laws). Although Agent
Contact Wizard has no obligation to monitor the content provided by you or your
use of the Products, Agent Contact Wizard may do so and may block any e-mail messages,
remove any such content or prohibit any use of the Products that Agent Contact Wizard
believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless Agent
Contact Wizard and its business partners, third-party suppliers and providers, licensors,
officers, directors, employees, distributors and agents against any damages, losses,
liabilities, settlements, and expenses (including without limitation costs and reasonable
attorneys' fees) in connection with any claim or action that (i) arises from any
alleged breach of this Agreement, (ii) arises from the content or effects of any
messages you distribute using the Products or (iii) otherwise arises from or relates
to your use of the Products. In addition, you acknowledge and agree that Agent Contact
Wizard has the right to seek damages when you use the Products for unlawful purposes,
in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement,
and that such damages may include, without limitation, direct, indirect, special,
incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Products, you may provide
information about yourself or your employer (such as name, contact information,
or other registration information) to Agent Contact Wizard. Agent Contact Wizard
may use this information and any technical information about your use of the Products
to tailor its presentations to you, facilitate your movement through the Product,
or communicate separately with you. If you licensed the Products as a result of
solicitation by a marketing partner of Agent Contact Wizard, Agent Contact Wizard
may share your information with the marketing partner and the marketing partner
may share related information with Agent Contact Wizard. Agent Contact Wizard will
not provide your contact information to companies you have not authorized for that
purpose unless required by law or unless you are terminated from Agent Contact Wizard
due to unsolicited commercial email being sent from your Agent Contact Wizard account.
6.6 Intellectual Property Rights in Your Content. You agree that you will not upload
or transmit any contact lists, communications or content of any type to this web
site or in connection with the Products that infringe, misappropriate or violate
any rights of any party. By submitting ideas, concepts, inventions, or content to
this web site or using them in connection with the Products, you agree that such
submission is non-confidential for all purposes. If you make any such submission,
you agree that you will not send or transmit to Agent Contact Wizard or to any third
party using the Products, any communication or content that infringes or violates
any rights of any party. If you submit any business information, ideas, concepts
or inventions or content to Agent Contact Wizard by email, you agree such submission
is non-confidential for all purposes. If you make any submission to this web site
or if you submit any business information, idea, concept or invention to Agent Contact
Wizard by email, you automatically grant—or warrant that the owner of such content
or intellectual property has expressly granted—Agent Contact Wizard a non-exclusive,
royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform, and
display such content in any manner.
7. Termination
You may terminate this Agreement at any time by calling Agent Contact Wizard Customer
Support. There are no refunds for any fees paid. Agent Contact Wizard may terminate
this Agreement or the Products, disable your account or put your account on inactive
status, in each case at any time with or without cause, and with or without notice.
Agent Contact Wizard shall have no liability to you or any third party because of
such termination or action. Agent Contact Wizard may delete any of your archived
data within 30 days after the date of termination. After termination, you shall
process all unsubscribe requests within 30 days of your last email campaign. Agent
Contact Wizard will provide upon request the list of unsubscribe requests from your
last campaign. All sections of this Agreement that by their nature should survive
termination will survive termination, including, without limitation, ownership,
warranty disclaimers and limitations of liability.
8. Warranty Disclaimer; Remedies
Remedies USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING
ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. AGENT
CONTACT WIZARD DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND AGENT CONTACT WIZARD
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products
shall be for Agent Contact Wizard to use commercially reasonable efforts to adjust
or repair the Products.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AGENT CONTACT WIZARD OR ANY
OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT
PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY
REFERRED TO FOR PURPOSES OF THIS SECTION AS "AGENT CONTACT WIZARD") BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF AGENT CONTACT WIZARD
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, AGENT CONTACT
WIZARD IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF AGENT CONTACT WIZARD
TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT
YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE
APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY AGENT CONTACT WIZARD TO YOU
IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
10. Links to Third-Party Web Sites
This web site may contain links to non-Agent Contact Wizard web sites. These links
are provided to you as a convenience, and Agent Contact Wizard is not responsible
for the content of any linked web site. Any non-Agent Contact Wizard web site accessed
from this web site is independent from Agent Contact Wizard, and Agent Contact Wizard
has no control over the content of that web site. In addition, a link to any non-Agent
Contact Wizard web site does not imply that Agent Contact Wizard endorses or accepts
any responsibility for the content or use of such web site.
11. No Implied Endorsements
In no event shall any reference to any third party or third party product or service
be construed as an approval or endorsement by Agent Contact Wizard of that third
party or of any product or service provided by a third party.
12. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright,
you may request removal of those materials (or access thereto) from this web site
by contacting Agent Contact Wizard’s copyright agent (identified below) and providing
the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please
describe the work, and where possible include a copy or the location (e.g., URL)
of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location.
Please describe the material, and provide us with its URL or any other pertinent
information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the
materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating
that "under penalty of perjury," you are the copyright owner or are authorized to
act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized
representative.
Agent Contact Wizard’s agent for copyright issues relating to this web site is as
follows:
Compliance
Agent Contact Wizard, Inc.
325 Washington Ave S, Suite 104
Kent, WA 98032
support@agentcontactwizard.com
In an effort to protect the rights of copyright owners, Agent Contact Wizard maintains
a policy for the termination, in appropriate circumstances, of subscribers and account
holders of this web site who are repeat infringers.
13. Username and Password
You are responsible for maintaining the security of your account, passwords, and
files. Agent Contact Wizard will accept the instructions of any individual who claims
to be authorized to direct changes to your account so long as such person presents
your username and password on-line, by e-mail or by phone. Agent Contact Wizard
has no knowledge of your organizational structure, if you are registering for the
Products as an entity, or your personal relationships, if you are a person. Agent
Contact Wizard shall not be responsible for the actions of any individuals who misuse
or misappropriate your contact lists or other assets using your username and password.
14. Miscellaneous
14.1 If any provision of the Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that this Agreement will otherwise remain in full force and effect and enforceable.
14.2 Agent Contact Wizard and you agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications, and other understandings
relating to the subject matter of this Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise provided herein.
No delay or omission by either party in exercising any right or remedy under this
Agreement or existing at law or equity shall be considered a waiver of such right
or remedy.
14.3 No agency, partnership, joint venture, or employment is created as a result
of the Agreement, and you do not have any authority of any kind to bind Agent Contact
Wizard in any respect whatsoever.
14.4 In any action or proceeding to enforce rights under the Agreement, the prevailing
party will be entitled to recover its costs and attorneys' fees.
14.5 The Agreement shall be governed by the laws of the Commonwealth of Washington,
USA without regard to its choice or law or conflict of law provisions. All legal
actions in connection with the Agreement shall be brought in the state or federal
courts located in Kent, Washington.
Additional Information
If you have any questions about the rights and restrictions above, please contact
Agent Contact Wizard by email at info@agentcontactwizard.com. Copyright © 2007,
Agent Contact Wizard, LLC. All Rights Reserved.
Copyright © 2007, Agent Contact Wizard, LLC. All Rights Reserved.