Terms of Service
Last Updated: January 10, 2019.
Your use of CampaignPilot, CampaignPilot's Services (as defined herein), as well as CampaignPilot's computer systems, cloud-based storage accounts, website, and associated social media websites (collectively the "Site"), is governed by these Terms of Service (this "Agreement"), regardless of how you access the Site (including through the Internet, through a mobile network, or in any other manner). These terms of service are an agreement between you and RW2 Marketing & Design, Inc., a Texas corporation D/B/A CampaignPilot (hereinafter "CampaignPilot" or "us" or "we"), and you are agreeing to the terms of this Agreement by accessing and utilizing the Site.
This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.
I. Acceptance of Terms
You agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. It is your responsibility to check this Agreement to see when it was last updated. You can easily determine when we last changed this Agreement by referring to the "Last Updated" language at the very top of this Agreement. Your use of the Site or our Services following changes to this Agreement will constitute your acceptance of those changes.
We may, at any time, modify or discontinue all or part of the Site or Services; refuse to provide any user with access to the Site or Services; charge, modify, or waive fees required to use the Site or Services; or offer opportunities to some or all Site or Service users. Your sole and exclusive remedy in the event of any issue with the Site or Services is to stop using the Site and Services.
II. Description of the Services
We may provide users of the Site and our Services with access to general information and services, including without limitation, promotional ideas, content, graphics, webpages, marketing information distribution, online checkout platforms, marketing campaign management, newsletters, updates, articles, videos, photos, text, data, and other similar content, subscription management, links to third-party websites, and online forms that you can fill out to receive information or be contacted by us (such information and services, collectively, the "Services"). Neither your receipt of information presented on this Site nor any email or other electronic communication sent to you by virtue of utilization of the Site or our Services will be treated as confidential by us.
You agree to pay for the Services to be provided by CampaignPilot at the current applicable rates charged by CampaignPilot for the Services, which are subject to change at any time. All fees paid to CampaignPilot are non-refundable. CampaignPilot does not guarantee any results, including without limitation, revenues, profits, and sales.
IV. Information Submitted to CampaignPilot
You may voluntarily submit a variety of comments, information, images, files, links and other materials using the Site ("User Submissions"), and you grant us and our assigns a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Submissions that you post on the Site or provide to us in connection with your use of our Services ("User Submission License"). We may use your User Submissions without any obligation to compensate you for them, including for commercial purposes. We reserve the right to, in our sole discretion, refuse to accept, post, display, or transmit any User Submission. You represent and warrant that you have all the rights, power, and authority necessary to post your User Submissions. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submissions or anything else on the Site.
You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.
V. Intellectual Property
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to CampaignPilot for inclusion on the website above are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will indemnify, hold harmless, protect, and defend CampaignPilot and its subcontractors from any liability or suit arising from the use of anything you provide to CampaignPilot.
VI. Rules of Conduct
While using the Site or our Services, you must comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site and our Services to respect the rights and dignity of others. Your use of the Site or our Services is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site or to our Services.
You further agree that you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
VII. Spam Content
You are not at any time allowed to communicate or transmit Spam Emails. Any such violation is subject for immediate termination of this Agreement by CampaignPilot. You must follow guidelines of U.S. CAN SPAM Act of 2003, as amended, as well as all other applicable state and federal laws.
VIII. Website Content
You are not at any time allowed to publish Inappropriate content, as determined by CampaignPilot in its sole discretion, while using CampaignPilot's Services or Site. Inappropriate Content includes any content that is pornographic in nature, or that violates any law or regulation.
You may need to register to use part(s) of the Site or our Services. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you are responsible for any use of your username and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your username and password, or your account.
X. Accuracy of Information
We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on this Site. If you notice anything on the Site that you believe to be inaccurate or incorrect, please let us know by emailing us at info[at]campaignpilot.com.
XI. Our Rights
We and our respective licensors own the information and materials made available through the Site or provided to you through our Services. Such information and materials may be protected by copyright, trademark, patent, and other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on any part of the Site, based on our Services, or based on any information or materials made available through the Site or through our Services. Our trademarks and service marks include, without limitation, CampaignPilot, CampaignPilot.com, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site or on materials provided to you through use of our Services not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site or materials provided to you through use of our Services should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
The Site may provide links to other websites. We are not responsible for and do not endorse external websites. We may allow you to link to the Site directly from another website; if you do link to the Site, you agree that you will disable and remove any such link promptly upon our request.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://onguardonline.gov. Please note that we do not endorse any of the products or services listed at these sites.
XIV. Limitations of Liability and Disclaimers
The Site and all Services, information, goods, and materials made available through the Site or by use of our Services are provided to you "as is" without any express representations or warranties of any kind, and we disclaim all statutory or implied representations, warranties, terms, and conditions with respect to the Site and Services, information, goods, and materials made available through the Site and use of Services, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, noninfringement, and title.
We make no representation or warranty that the Site (or any part thereof) will be accurate, complete, or error-free, nor that any particular software or hardware, will be compatible with the Site, and you hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware and services (including internet connectivity) needed to access and use the Site or materials produced through use of our Services, and (b) ensure that any software, hardware, and services that you use will function correctly with the Site or materials produced through use of our Services. You agree that you must evaluate, and that you bear all risks associated with, the use of the Site and our Services, including any reliance on the accuracy, completeness, or usefulness of any information or materials made available through the Site or through use of Services.
We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind in connection with the Site or our Services, nor for any damages for loss of profits, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site or our Services, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. Further, we will not be liable for damages of any kind resulting from your use of the Site, our Services, or from any information or materials on the Site. Your sole and exclusive remedy for dissatisfaction with the Site or with our Services is to stop using the Site or Services. Our maximum liability for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise shall be the total amount, if any, paid by you to us to access and use the Site or Services.
It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. If applicable law prohibits the limitation or exclusion of a party's liability with respect to death or personal injury caused by such party's negligence, fraud, or any other matter, then such party's liability will not be limited or excluded to the extent of such prohibition under such applicable law.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us and our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, the Site or our Services, or (b) any violation of this Agreement by you.
You agree to indemnify, defend, and hold harmless CampaignPilot and its officers, directors, shareholders, agents, affiliates, and licensors from and against any and all third party claims of any kind (along with reasonable attorneys' fees and litigation costs) arising out of, relating to, resulting from, or in connection with your breach of this agreement, the claim that any of your data, trademarks, or other intellectual property infringes on the rights of any third party, your use or misuse of the Services or Site, and for any unauthorized disclosure of any data belonging to CampaignPilot customers or to you caused by any act or omission of you. This indemnity is intended to be as broad as possible under applicable law.
XVI. No Warranties
CampaignPilot does not warrant that the Site or Services will meet your requirements, or that the operation of the Site or our Services will be uninterrupted or error-free, or that any defects will be corrected. No oral or written information or advice given by CampaignPilot shall create any additional warranties or in any way increase the scope of CampaignPilot's obligations hereunder. Although CampaignPilot endeavors to create a Site and Services that are accessible to all users, CampaignPilot makes no warranty that the Site or Services are compliant with the American with Disabilities Act or the W3C Level One Guidelines.
XVII. Age and Ability to Enter Into This Agreement
You affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. You further affirm you are over the age of thirteen, and if you are under the age of thirteen you are not permitted to use the Site or our Services. If you believe we have information or data collected from a child under the age of thirteen, you agree you will let us know by sending an email to info[at]campaignpilot.com.
We may, at any time and for any reason, terminate your access to or use of: (a) the Site or Services, (b) your user name and password or (c) any files or information associated with your username and password. If we terminate your access to the Site or Services, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or Services, or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or Services, or any third-party claim that your use of the Site or Services is unlawful or infringes such third party's rights).
You may terminate this Agreement at any time with no penalty except forfeiture of monthly fees already paid for the current or previous months, which forfeiture will not apply if termination is due to our non-compliance with this Agreement.
In the event of any expiration or termination of this Agreement for any reason, you must remove all copies of the Site or materials created or provided to you by use of our Services, if any reside on your local systems, and all of their components from all of your systems. You must destroy all related media and documentation, if any. The license granted to you by this Agreement will automatically terminate on expiration or termination of this Agreement.
CampaignPilot is based in Orlando, Florida, and does not conduct or solicit business outside of the United States of America. The Site and Services are controlled and operated from the United States, and is not intended to subject us to the jurisdiction or laws of any country or sovereign entity other than the United States. The Site and Services may not be appropriate or available for use in some jurisdictions outside of the United States, depending on your local laws and regulations. If you access the Site or Services, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site or Services' availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Orange County, Florida, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.
All notices referred to herein shall be sufficient if delivered by: (i) personal delivery; (ii) email or fax with confirmation; or (iii) certified mail, return receipt requested to the respective parties at the addresses set forth above their signatures to this Agreement, or such other addresses as they shall from time to time furnish to each other by written notice.
XXI. Attorneys' Fees
In any action for breach of this Service Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and out-of-pocket expenses.
CampaignPilot may assign this agreement without your consent to a third-party purchaser of substantially all of its assets or of its business.
In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable according to its terms. Any failure to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision.
This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.
We are headquartered in Orlando, with satellite offices throughout Florida. You acknowledge and specifically agree that CampaignPilot is not a place of public accommodation. Appointments with CampaignPilot are on an appointment basis only and may be made by contacting us at info[at]campaignpilot.com.