TERMS OF SERVICE
eMarketer
6636 W Bancroft St
Toledo, OH 43615
AGREEMENT BETWEEN YOU AND eMarketer
The eMarketer suite of products includes all types of communications
tools. In this Terms of Service document they will be referred to as the
EMarketer Solutions.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at fullserviceemailmarketer.com/privacy-
policy for disclosures relating to the collection and use of your personal
information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
In order to open an EMarketer Solutions account, you must complete the
registration process by providing us with current, complete, and
accurate information as prompted by the applicable registration form.
You then will choose a user name and password. You are entirely
responsible for maintaining the confidentiality of your account and
password. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify EMarketer
immediately of any unauthorized use of your account or any other
breach of security. EMarketer will not be liable for any loss that you may
incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for
losses incurred by EMarketer or another party due to someone else

using your account or password. You may not use anyone else’s
account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
EMarketer reserves the right to change the terms, conditions, and
notices under which the EMarketer Site/Services/Solutions are offered,
including, but not limited to, the charges associated with the use of the
EMarketer Site/Services/Solutions. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on
particular web sites. Your continued use of the EMarketer
Site/Services/Solutions constitutes your agreement to all such terms,
conditions, and notices.
LINKS TO THIRD PARTY SITES
The EMarketer Site/Services/Solutions may contain images of and links
to third party Web sites (“Linked Sites”). The Linked Sites are not under the
control of EMarketer and EMarketer is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. EMarketer is not
responsible for webcasting or any other form of transmission received
from any Linked Site nor is EMarketer responsible if the Linked Site is not
working appropriately. EMarketer is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement
by EMarketer of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and
terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within
the EMarketer Site/Services/Solutions or participation in promotions,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the

advertiser or other third party. EMarketer shall not be responsible or
liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EMarketer Site/Services/Solutions, you
will not use the EMarketer Site/Services/Solutions for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the EMarketer Site/Services/Solutions in any manner that could
damage, disable, overburden, or impair any EMarketer
Site/Services/Solutions (or the network(s) connected to any EMarketer
Site/Services/Solutions) or interfere with any other party’s use and
enjoyment of any EMarketer Site/Services/Solutions. You may not
attempt to gain unauthorized access to any EMarketer
Site/Services/Solutions, other accounts, computer systems or networks
connected to any EMarketer Site/Services/Solutions, through hacking,
password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available through the EMarketer
Site/Services/Solutions.
USE OF SERVICES
The EMarketer Site/Services/Solutions may contain email services, file
storage, and/or other message or communication facilities designed to
enable you to communicate with others (collectively, “Communication
Services”). You agree to use the Communication Services only to post,
send, and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a
Communication Service, you will not:
Use the Communication Service in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming, or any

duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; Publish, post,
upload, distribute, or disseminate any inappropriate, profane,
defamatory, obscene, indecent, or unlawful topic, name, material, or
information; Publish, post, upload, distribute, or disseminate any topic,
name, material or information that incites discrimination, hate, or
violence towards one person or a group because of their belonging to a
race, a religion, or a nation, or that insults the victims of crimes against
humanity by contesting the existence of those crimes; Upload, or
otherwise make available, files that contain images, photographs,
software, or other material protected by intellectual property laws,
including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own or
control the rights thereto or have received all necessary consents to do
the same; Use any material or information, including images or
photographs, which is made available through the EMarketer
Site/Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party; Upload files
that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may
damage the operation of another’s computer or property of another.
Use meta tag searches on the web sites; Download any file posted by
another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner; Falsify or
delete any author attributions, legal or other proper notices, or
proprietary designations or labels of the origin or source of software, or
other material contained in a file that is uploaded; Restrict or inhibit any
other user from using and enjoying the Email Client; Violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service; Harvest or otherwise collect information about
others, including email addresses; Violate any applicable laws or
regulations; Create a false identity for the purpose of misleading others;

Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity, any directory of users of an EMarketer Site/Services or
other user or usage information or any portion thereof. EMarketer
reserves the right at all times to disclose any information as EMarketer
deems necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, at EMarketer sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any EMarketer Service.
EMarketer does not control or endorse the content, messages, or
information found in the EMarketer Service and, therefore, EMarketer
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service.
Materials uploaded to a EMarketer Service may be subject to posted
limitations on usage, reproduction, and/or dissemination; you are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO EMarketer
By providing materials to EMarketer, you warrant and represent that you
own or otherwise control all of the rights to your Submission as
described in these Terms of Use including, without limitation, all the
rights necessary for you to provide, post, upload, input, or submit the
Submissions. You further allow EMarketer and/or other divisions of the
parent company, permission to use such materials or materials created
for you in conjunction with any marketing, public relations and/or sales
efforts. Designs/logos/names may be used in brochures, online
presentations, sales materials, and/or be used as an example email to
prospects of the EMarketer system. By consenting to the Terms of
Service, you are providing EMarketer with permission to utilize these

materials. If you do not want your materials to be used in this manner,
please contact us in writing at the address stated above.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE EMarketer
SITE/SERVICES
All content and software (if any) that is made available to view and/or
download in connection with the EMarketer Site/Services/Solutions,
excluding content and/or software that may be made available by end
users through a Communication Service (“Software”), is owned by and is
the copyrighted work of EMarketer and/or its suppliers and is protected
by copyright laws and international treaty provisions. Your use of the
Software is governed by the terms of the end-user license agreement, if
any, which accompanies or is included with the Software (“License
Agreement”). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree
to the License Agreement terms.
For any Software not accompanied by a license agreement, EMarketer
hereby grants to you, the user, a revocable personal, non-transferable
license to use the Software for viewing and otherwise using the
particular EMarketer Site/Service/Solutions in accordance with these
Terms of Use, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any reproduction or
redistribution of the content and/or Software is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the
Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations
of the United States of America & Canada. You agree not to export or re-

export the Software, directly or indirectly, to any countries that are
subject to United States of America & Canada export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE EMarketer SITE/SERVICES/SOLUTIONS MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE EMarketer SITE/SERVICES/SOLUTIONS AND TO
THE INFORMATION THEREIN. – EMarketer AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EMarketer
SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE EMarketer
SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL,
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EMarketer AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS
CONTAINED WITHIN THE EMarketer SITE/SERVICES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
EMarketer AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF SALEABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-
INFRINGEMENT. YOU SPECIFICALLY AGREE THAT EMarketer SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A
EMarketer SITE/SERVICE. YOU SPECIFICALLY AGREE THAT EMarketer IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,

OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR
ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EMarketer IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A
EMarketer SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL EMarketer
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE EMarketer SITE/SERVICES, THE DELAY OR
INABILITY TO USE THE EMarketer SITE/SERVICES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES OR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED
THROUGH THE EMarketer SITE/SERVICES/SOLUTIONS; OR OTHERWISE ARISING
OUT OF THE USE OF THE EMarketer SITE/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
EMarketer OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE EMarketer SITE/SERVICES, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE EMarketer SITE/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that EMarketer may establish limits concerning use of any
EMarketer Service offered on an EMarketer Web site, including without
limitation the maximum number of days that email messages will be
retained by any EMarketer Service, the maximum number of email
messages that may be sent from or received by an account on any
EMarketer Service, the maximum size of an email message that may be
sent from or received by an account on any EMarketer Service, the

maximum disk space that will be allotted on EMarketer servers on your
behalf, and the maximum number of times and duration you may
access any EMarketer Service in a given period of time.
You agree that EMarketer has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained
or transmitted by any EMarketer Service.
EMarketer MAKES NO WARRANTY THAT ANY EMarketer SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NO SPAM; DAMAGES
EMarketer will immediately terminate any account which it believes, in
its sole discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition, because damages are
often difficult to quantify, if actual damages cannot be reasonably
calculated then you agree to pay EMarketer liquidated damages of $5
for each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with your account, otherwise you agree to pay
EMarketer actual damages, to the extent such actual damages can be
reasonably calculated.
GENERAL
This agreement is governed by the laws of the State of Ohio, USA. You
hereby irrevocably consent to the exclusive jurisdiction and venue of
courts in Ohio, USA in all disputes arising out of or relating to the use of
the EMarketer Site/Services/Solutions. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and EMarketer as a result of this agreement or use of the EMarketer
Site/Services/Solutions. You agree to indemnify and hold EMarketer, its
parents, subsidiaries, affiliates, officers, and employees, harmless from
any claim, demand, or damage, including reasonable attorneys’ fees,
asserted by any third party due to or arising out of your use of or

conduct on the EMarketer Site/Services. EMarketer reserves the right to
disclose any personal information about you or your use of the
EMarketer Site/Services, including its contents, without your prior
permission if EMarketer has a good-faith belief that such action is
necessary to: (1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property of EMarketer or its
affiliated companies; (3) enforce the terms or use; or (4) act to protect
the interests of its members or others. EMarketer performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of EMarketer right to
comply with governmental, court, and law enforcement requests or
requirements relating to your use of the EMarketer
Site/Services/Solutions or information provided to or gathered by
EMarketer with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law,
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and EMarketer with respect to the EMarketer Site/Services/Solutions
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
EMarketer with respect to the EMarketer Site/Services. A printed version
of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:

All contents of the EMarketer Web sites are: Copyright © 2019 EMarketer
and/or its suppliers, 6636 W. Bancroft St, Toledo, Ohio 43615. All rights
reserved.
TRADEMARKS.
EMarketer and/or other EMarketer products and services referenced
herein may also be either trademarks or registered trademarks of
EMarketer in USA/Canada and/or other countries. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners.
EMarketer BILLING
Charges on your Billing Account
EMarketer bills you through an online account (your “Billing Account”) for
services and items obtained under this Agreement (the “Products”). You
agree to pay EMarketer all charges at the prices then in effect for any
Products ordered by you or other persons (including your agents) using
your Billing Account, and you authorize EMarketer to charge your chosen
payment method (your “Payment Method”) for such Products. You agree
and understand that some of the Products are subscription base and
require termination based on terms and such non-termination provides
EMarketer a reasonable basis to provide and charge you for the
Products based on the terms of the original agreement. You agree to
make payment using that selected Payment Method. Charges on your
Billing Account will be summarized for you online (your “Online
Statement”). You will have one Online Statement per Billing Account.
EMarketer reserves the right to correct any errors or mistakes that it
makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR
YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING

ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN
BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY EMarketer IF YOUR PAYMENT
METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE
OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO
PROVIDE EMarketer ANY OF THE FOREGOING INFORMATION, YOU AGREE
THAT EMarketer MAY CONTINUE CHARGING YOU FOR ANY
SERVICE/PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU
HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH SERVICE/PRODUCT
(CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on your Payment Method
and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment
Method (the “Payment Method Provider”). If EMarketer does not receive
payment from your Payment Method Provider, you agree to pay all
amounts due on your Billing Account upon demand.
Prices for all Products exclude all applicable taxes and
telecommunication charges, unless expressly stated otherwise. To the
extent permissible by law, you agree to be responsible for any
applicable taxes and telecommunication charges, whether or not such
amounts are itemized on your Online Statement or charged to your
Billing Account or Payment Method.
Any agreement you have with the Payment Method Provider will govern
your use of your Payment Method. You agree that EMarketer may
accumulate charges incurred and submit them as one or more
aggregate charges during or at the end of each billing cycle.
EMarketer MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE
(CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS

AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH
NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE EMarketer
REASONABLY COULD ACT.
Your non-termination or continued use of the Products/Services on your
Billing Account reaffirms that EMarketer is authorized to charge your
Payment Method. EMarketer may submit those charges for payment
and you will be responsible for such charges. Those submissions will not
waive EMarketer right to seek payment directly from you. Your charges
may be payable in advance, in arrears, per usage, or as otherwise
described when you initially ordered the applicable Product.
Refund Policies
Subject to any withdrawal right you may have under applicable law,
charges are non-refundable unless the price-plan terms expressly say
otherwise. Except as otherwise required by law, the costs of any returns
if permitted will be at your expense. DESIGN WORK IS NOT REFUNDABLE
UNDER ANY CIRCUMSTANCES.
EMarketer Solutions are available for an evaluation period. Customers
are encouraged to fully evaluate the software prior to purchasing a
software license.
Due Date: Late Charge; Collection Costs
The amount due to EMarketer for your Billing Account must be paid in full
by your Payment Method Provider on the date such payment is
requested by EMarketer, not later than 30 days after the billing date; you
are not entitled to carry forward a balance. You agree to pay late
charges that may be assessed by EMarketer on amounts due but not
timely paid. The late charge will be 1.5% per month (or 18% per annum) on
the total amount due but not paid; but, if such rate is in excess of any
allowable rate under applicable laws, then you will instead be charged
the maximum rate that is permitted by law. EMarketer reserves the right

to refer your Billing Account to a third party for collection in the event of
default. You agree to pay all costs incurred in the enforcement of this
Agreement and in collection of any delinquent amounts due, including
reasonable attorneys’ fees and costs.
Default
If EMarketer does not receive payment for any charge to your Billing
Account, you will be in default and EMarketer may suspend or cancel
your Billing Account and your access to any or all EMarketer Products. If
your Payment Method Provider seeks return of payments previously
made to EMarketer, but EMarketer in good faith believes that you are
liable for the charge and applicable law allows the Payment Method
Provider to seek payment from you, you will also be in default and
EMarketer may cancel your Billing Account and your access to any or all
Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE
WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR
SUSPENSION, EMarketer MAY STOP DELIVERY OF ANY PRODUCT, AND ANY
INFORMATION YOU HAVE STORED ON A EMarketer SERVICE MAY NOT BE
RETRIEVED AT A LATER DATE.
Termination, Cancellation, or Suspension
EMarketer may, in its discretion, terminate, cancel, or suspend an
accepted order if EMarketer is notified that your Payment Method has
expired or has been canceled, or if EMarketer has reason to believe that
any Billing Account information provided to EMarketer is untrue,
inaccurate, not current, or incomplete. Termination, cancellation, or
suspension, whether by you or EMarketer, will not alter your obligation to
pay all charges made to your Billing Account before such termination,
cancellation, or suspension (including charges made after termination
by you but before EMarketer could reasonably act on your termination
notice). You will not be entitled to any refunds upon termination,

cancellation or suspension unless the applicable agreement expressly
so provides.
General
You represent and warrant that: (1) you are at least 18 years of age or the
age required or allowed under applicable law for making a legal and
binding contract; (2) all information that you submit is true and
accurate (including without limitation information relating to your
Payment Method); and (3) you are an individual (or in the case of an
entity, an agent of the entity) authorized to use the designated Payment
Method. You agree to pay for all charges (including charges by other
persons) and to comply with your responsibilities and obligations as
stated in this Agreement. If you are an agent of an entity user, you
represent and warrant that you are duly authorized to legally bind the
entity to all terms and conditions of this Agreement and that you have
made the entity aware of them. You agree not to assign, transfer, or
sublicense any rights in your Billing Account. EMarketer may: (1) generate
print copies of its electronic records and introduce them in evidence as
original documents; and (2) prove your agreement or consent in any
manner, including, without limitation, by showing that a procedure
existed by which you must have provided consent or engaged in
conduct to obtain the applicable Products.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT EMarketer IS REQUIRED BY LAW TO SEND TO YOU
REGARDING THE SUBSCRIPTIONS, SERVICES, AND OTHER ITEMS PROVIDED TO
YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT
INFORMATION (COLLECTIVELY REFERRED TO AS “REQUIRED INFORMATION”),
AND ANY OTHER INFORMATION PROVIDED TO YOU FROM EMarketer, WILL BE
PROVIDED TO YOU IN ELECTRONIC FORM ONLY. EMarketer WILL PROVIDE ALL

REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA EMAIL
AT THE EMAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR
SUBSCRIPTIONS, SERVICES, OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY
ACCESS TO AN EMarketer WEB SITE THAT WILL BE DESIGNATED IN AN EMAIL
NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR (3) TO
THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO AN EMarketer WEB SITE
THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU
CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER
INFORMATION PROVIDED TO YOU FROM EMarketer, SOLELY BY ELECTRONIC
COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE
HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING,
ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH
REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED
EMarketer A CURRENT EMAIL ADDRESS FOR RECEIVING REQUIRED
INFORMATION.
Hardware and Software Requirements
In order to receive Required Information electronically from EMarketer,
you must have an email address and submit it to EMarketer upon sign-
up for any subscription, service, or other item provided under this
Agreement. Your computer also must have either Microsoft Chrome,
Internet Explorer 8 or Mozilla Firefox 19 (or newer) and an email software
program capable of sending and receiving email from EMarketer via the
Internet. You must be running Windows as an operating system. Finally,
your computer must be capable of receiving, accessing, displaying, and
either printing or storing Required Information received in electronic
form from EMarketer via an email or by access to a EMarketer Web site
using one of the browsers specified above.

Changes to Hardware and Software Requirements
In the event that there are any changes to the hardware and software
requirements listed above that are likely to have a significant impact on
your ability to receive, access, display, store, and print Required
Information that EMarketer sends to you in electronic form, EMarketer
will notify you of these changes. In such case, you will be required to
reconfirm your agreement to receive, and your ability to access, such
Required Information in electronic form in order to avoid any disruption
in the subscriptions, services, or other items provided to you under this
Agreement. You may, however, always choose to withdraw your
consent to receive Required Information in electronic form according to
the instructions set forth without the imposition of any fees, but
EMarketer may terminate your Billing Account and any subscriptions,
services, or other items provided to you if you do so.
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