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.
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
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
5.2 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.
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:
Agent Contact Wizard, Inc.
325 Washington Ave S, Suite 104
Kent, WA 98032
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.
14.1 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.
If you have any questions about the rights and restrictions above, please contact Agent Contact Wizard by email at firstname.lastname@example.org. Copyright © 2016 Agent Contact Wizard, LLC. All Rights Reserved.