TERMS OF SERVICE
\neMarketer
\n6636 W Bancroft St
\nToledo, OH 43615
\nAGREEMENT BETWEEN YOU AND eMarketer
\nThe eMarketer suite of products includes all types of communications
\ntools. In this Terms of Service document they will be referred to as the
\nEMarketer Solutions.
\nPRIVACY AND PROTECTION OF PERSONAL INFORMATION
\nSee the Privacy Statement at\u00a0fullserviceemailmarketer.com\/privacy-
\npolicy\u00a0for disclosures relating to the collection and use of your personal
\ninformation.
\nMEMBER ACCOUNT, PASSWORD, AND SECURITY
\nIn order to open an EMarketer Solutions account, you must complete the
\nregistration process by providing us with current, complete, and
\naccurate information as prompted by the applicable registration form.
\nYou then will choose a user name and password. You are entirely
\nresponsible for maintaining the confidentiality of your account and
\npassword. Furthermore, you are entirely responsible for any and all
\nactivities that occur under your account. You agree to notify EMarketer
\nimmediately of any unauthorized use of your account or any other
\nbreach of security. EMarketer will not be liable for any loss that you may
\nincur as a result of someone else using your password or account, either
\nwith or without your knowledge. However, you could be held liable for
\nlosses incurred by EMarketer or another party due to someone else<\/p>\n
using your account or password. You may not use anyone else\u2019s
\naccount at any time, without the permission of the account holder.
\nMODIFICATION OF THESE TERMS OF USE
\nEMarketer reserves the right to change the terms, conditions, and
\nnotices under which the EMarketer Site\/Services\/Solutions are offered,
\nincluding, but not limited to, the charges associated with the use of the
\nEMarketer Site\/Services\/Solutions. You are responsible for regularly
\nreviewing these terms and conditions and additional terms posted on
\nparticular web sites. Your continued use of the EMarketer
\nSite\/Services\/Solutions constitutes your agreement to all such terms,
\nconditions, and notices.
\nLINKS TO THIRD PARTY SITES
\nThe EMarketer Site\/Services\/Solutions may contain images of and links
\nto third party Web sites (\u201cLinked Sites\u201d). The Linked Sites are not under the
\ncontrol of EMarketer and EMarketer is not responsible for the contents of
\nany Linked Site, including without limitation any link contained in a Linked
\nSite, or any changes or updates to a Linked Site. EMarketer is not
\nresponsible for webcasting or any other form of transmission received
\nfrom any Linked Site nor is EMarketer responsible if the Linked Site is not
\nworking appropriately. EMarketer is providing these links to you only as a
\nconvenience, and the inclusion of any link does not imply endorsement
\nby EMarketer of the site or any association with its operators. You are
\nresponsible for viewing and abiding by the privacy statements and
\nterms of use posted at the Linked Sites.
\nAny dealings with third parties (including advertisers) included within
\nthe EMarketer Site\/Services\/Solutions or participation in promotions,
\nincluding the delivery of and the payment for goods and services, and
\nany other terms, conditions, warranties or representations associated
\nwith such dealings or promotions, are solely between you and the<\/p>\n
advertiser or other third party. EMarketer shall not be responsible or
\nliable for any part of any such dealings or promotions.
\nNO UNLAWFUL OR PROHIBITED USE
\nAs a condition of your use of the EMarketer Site\/Services\/Solutions, you
\nwill not use the EMarketer Site\/Services\/Solutions for any purpose that is
\nunlawful or prohibited by these terms, conditions, and notices. You may
\nnot use the EMarketer Site\/Services\/Solutions in any manner that could
\ndamage, disable, overburden, or impair any EMarketer
\nSite\/Services\/Solutions (or the network(s) connected to any EMarketer
\nSite\/Services\/Solutions) or interfere with any other party\u2019s use and
\nenjoyment of any EMarketer Site\/Services\/Solutions. You may not
\nattempt to gain unauthorized access to any EMarketer
\nSite\/Services\/Solutions, other accounts, computer systems or networks
\nconnected to any EMarketer Site\/Services\/Solutions, through hacking,
\npassword mining or any other means. You may not obtain or attempt to
\nobtain any materials or information through any means not
\nintentionally made available through the EMarketer
\nSite\/Services\/Solutions.
\nUSE OF SERVICES
\nThe EMarketer Site\/Services\/Solutions may contain email services, file
\nstorage, and\/or other message or communication facilities designed to
\nenable you to communicate with others (collectively, \u201cCommunication
\nServices\u201d). You agree to use the Communication Services only to post,
\nsend, and receive messages and material that are proper and, when
\napplicable, related to the particular Communication Service. By way of
\nexample, and not as a limitation, you agree that when using a
\nCommunication Service, you will not:
\nUse the Communication Service in connection with surveys, contests,
\npyramid schemes, chain letters, junk email, spamming, or any<\/p>\n
duplicative or unsolicited messages (commercial or otherwise);
\nDefame, abuse, harass, stalk, threaten, or otherwise violate the legal
\nrights (such as rights of privacy and publicity) of others; Publish, post,
\nupload, distribute, or disseminate any inappropriate, profane,
\ndefamatory, obscene, indecent, or unlawful topic, name, material, or
\ninformation; Publish, post, upload, distribute, or disseminate any topic,
\nname, material or information that incites discrimination, hate, or
\nviolence towards one person or a group because of their belonging to a
\nrace, a religion, or a nation, or that insults the victims of crimes against
\nhumanity by contesting the existence of those crimes; Upload, or
\notherwise make available, files that contain images, photographs,
\nsoftware, or other material protected by intellectual property laws,
\nincluding, by way of example, and not as limitation, copyright or
\ntrademark laws (or by rights of privacy or publicity) unless you own or
\ncontrol the rights thereto or have received all necessary consents to do
\nthe same; Use any material or information, including images or
\nphotographs, which is made available through the EMarketer
\nSite\/Services in any manner that infringes any copyright, trademark,
\npatent, trade secret, or other proprietary right of any party; Upload files
\nthat contain viruses, Trojan horses, worms, time bombs, cancelbots,
\ncorrupted files, or any other similar software or programs that may
\ndamage the operation of another\u2019s computer or property of another.
\nUse meta tag searches on the web sites; Download any file posted by
\nanother user of a Communication Service that you know, or reasonably
\nshould know, cannot be legally distributed in such manner; Falsify or
\ndelete any author attributions, legal or other proper notices, or
\nproprietary designations or labels of the origin or source of software, or
\nother material contained in a file that is uploaded; Restrict or inhibit any
\nother user from using and enjoying the Email Client; Violate any code of
\nconduct or other guidelines which may be applicable for any particular
\nCommunication Service; Harvest or otherwise collect information about
\nothers, including email addresses; Violate any applicable laws or
\nregulations; Create a false identity for the purpose of misleading others;<\/p>\n
Use, download or otherwise copy, or provide (whether or not for a fee) to
\na person or entity, any directory of users of an EMarketer Site\/Services or
\nother user or usage information or any portion thereof. EMarketer
\nreserves the right at all times to disclose any information as EMarketer
\ndeems necessary to satisfy any applicable law, regulation, legal process
\nor governmental request, or to edit, refuse to post or to remove any
\ninformation or materials, in whole or in part, at EMarketer sole discretion.
\nAlways use caution when giving out any personally identifiable
\ninformation about yourself or your children in any EMarketer Service.
\nEMarketer does not control or endorse the content, messages, or
\ninformation found in the EMarketer Service and, therefore, EMarketer
\nspecifically disclaims any liability with regard to the Communication
\nServices and any actions resulting from your participation in any
\nCommunication Service.
\nMaterials uploaded to a EMarketer Service may be subject to posted
\nlimitations on usage, reproduction, and\/or dissemination; you are
\nresponsible for adhering to such limitations if you download the
\nmaterials.
\nMATERIALS PROVIDED TO EMarketer
\nBy providing materials to EMarketer, you warrant and represent that you
\nown or otherwise control all of the rights to your Submission as
\ndescribed in these Terms of Use including, without limitation, all the
\nrights necessary for you to provide, post, upload, input, or submit the
\nSubmissions. You further allow EMarketer and\/or other divisions of the
\nparent company, permission to use such materials or materials created
\nfor you in conjunction with any marketing, public relations and\/or sales
\nefforts. Designs\/logos\/names may be used in brochures, online
\npresentations, sales materials, and\/or be used as an example email to
\nprospects of the EMarketer system. By consenting to the Terms of
\nService, you are providing EMarketer with permission to utilize these<\/p>\n
materials. If you do not want your materials to be used in this manner,
\nplease contact us in writing at the address stated above.
\nSOFTWARE AND CONTENT AVAILABLE THROUGH THE EMarketer
\nSITE\/SERVICES
\nAll content and software (if any) that is made available to view and\/or
\ndownload in connection with the EMarketer Site\/Services\/Solutions,
\nexcluding content and\/or software that may be made available by end
\nusers through a Communication Service (\u201cSoftware\u201d), is owned by and is
\nthe copyrighted work of EMarketer and\/or its suppliers and is protected
\nby copyright laws and international treaty provisions. Your use of the
\nSoftware is governed by the terms of the end-user license agreement, if
\nany, which accompanies or is included with the Software (\u201cLicense
\nAgreement\u201d). You may not install or use any Software that is
\naccompanied by or includes a License Agreement unless you first agree
\nto the License Agreement terms.
\nFor any Software not accompanied by a license agreement, EMarketer
\nhereby grants to you, the user, a revocable personal, non-transferable
\nlicense to use the Software for viewing and otherwise using the
\nparticular EMarketer Site\/Service\/Solutions in accordance with these
\nTerms of Use, and for no other purpose provided that you keep intact all
\ncopyright and other proprietary notices. Any reproduction or
\nredistribution of the content and\/or Software is expressly prohibited by
\nlaw, and may result in severe civil and criminal penalties. Violators will
\nbe prosecuted to the maximum extent possible. WITHOUT LIMITING THE
\nFOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE
\nTO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
\nREDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the
\nSoftware, and any accompanying documentation and\/or technical
\ninformation, is subject to applicable export control laws and regulations
\nof the United States of America & Canada. You agree not to export or re-<\/p>\n
export the Software, directly or indirectly, to any countries that are
\nsubject to United States of America & Canada export restrictions.
\nLIABILITY DISCLAIMER
\nTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
\nAVAILABLE THROUGH THE EMarketer SITE\/SERVICES\/SOLUTIONS MAY
\nINCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
\nPERIODICALLY MADE TO THE EMarketer SITE\/SERVICES\/SOLUTIONS AND TO
\nTHE INFORMATION THEREIN. – EMarketer AND\/OR ITS RESPECTIVE SUPPLIERS
\nMAY MAKE IMPROVEMENTS AND\/OR CHANGES IN THE EMarketer
\nSITE\/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE EMarketer
\nSITE\/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL,
\nOR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
\nPROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
\nEMarketer AND\/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
\nABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
\nVIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE
\nINFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS
\nCONTAINED WITHIN THE EMarketer SITE\/SERVICES FOR ANY PURPOSE. ALL
\nSUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
\nGRAPHICS ARE PROVIDED \u201cAS IS\u201d WITHOUT WARRANTY OF ANY KIND.
\nEMarketer AND\/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
\nWARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
\nSOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL
\nIMPLIED WARRANTIES AND CONDITIONS OF SALEABILITY, FITNESS FOR A
\nPARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-
\nINFRINGEMENT. YOU SPECIFICALLY AGREE THAT EMarketer SHALL NOT BE
\nRESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
\nTRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
\nNOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A
\nEMarketer SITE\/SERVICE. YOU SPECIFICALLY AGREE THAT EMarketer IS NOT
\nRESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,<\/p>\n
OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR
\nANY INFRINGEMENT OF ANOTHER\u2019S RIGHTS, INCLUDING INTELLECTUAL
\nPROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EMarketer IS NOT
\nRESPONSIBLE FOR ANY CONTENT SENT USING AND\/OR INCLUDED IN A
\nEMarketer SITE\/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL EMarketer
\nAND\/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
\nINCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
\nWHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
\nDATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
\nUSE OR PERFORMANCE OF THE EMarketer SITE\/SERVICES, THE DELAY OR
\nINABILITY TO USE THE EMarketer SITE\/SERVICES OR RELATED SERVICES, THE
\nPROVISION OF OR FAILURE TO PROVIDE SERVICES OR ANY INFORMATION,
\nSOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED
\nTHROUGH THE EMarketer SITE\/SERVICES\/SOLUTIONS; OR OTHERWISE ARISING
\nOUT OF THE USE OF THE EMarketer SITE\/SERVICES, WHETHER BASED ON
\nCONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
\nEMarketer OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
\nOF DAMAGES. BECAUSE SOME STATES\/JURISDICTIONS DO NOT ALLOW THE
\nEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
\nDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
\nDISSATISFIED WITH ANY PORTION OF THE EMarketer SITE\/SERVICES, OR WITH
\nANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
\nDISCONTINUE USING THE EMarketer SITE\/SERVICES.
\nSTORAGE SPACE AND OTHER LIMITATIONS
\nYou agree that EMarketer may establish limits concerning use of any
\nEMarketer Service offered on an EMarketer Web site, including without
\nlimitation the maximum number of days that email messages will be
\nretained by any EMarketer Service, the maximum number of email
\nmessages that may be sent from or received by an account on any
\nEMarketer Service, the maximum size of an email message that may be
\nsent from or received by an account on any EMarketer Service, the<\/p>\n
maximum disk space that will be allotted on EMarketer servers on your
\nbehalf, and the maximum number of times and duration you may
\naccess any EMarketer Service in a given period of time.
\nYou agree that EMarketer has no responsibility or liability for the deletion,
\ncorruption or failure to store any messages or other content maintained
\nor transmitted by any EMarketer Service.
\nEMarketer MAKES NO WARRANTY THAT ANY EMarketer SERVICE WILL BE
\nUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
\nNO SPAM; DAMAGES
\nEMarketer will immediately terminate any account which it believes, in
\nits sole discretion, is transmitting or is otherwise connected with any
\nspam or other unsolicited bulk email. In addition, because damages are
\noften difficult to quantify, if actual damages cannot be reasonably
\ncalculated then you agree to pay EMarketer liquidated damages of $5
\nfor each piece of spam or unsolicited bulk email transmitted from or
\notherwise connected with your account, otherwise you agree to pay
\nEMarketer actual damages, to the extent such actual damages can be
\nreasonably calculated.
\nGENERAL
\nThis agreement is governed by the laws of the State of Ohio, USA. You
\nhereby irrevocably consent to the exclusive jurisdiction and venue of
\ncourts in Ohio, USA in all disputes arising out of or relating to the use of
\nthe EMarketer Site\/Services\/Solutions. You agree that no joint venture,
\npartnership, employment, or agency relationship exists between you
\nand EMarketer as a result of this agreement or use of the EMarketer
\nSite\/Services\/Solutions. You agree to indemnify and hold EMarketer, its
\nparents, subsidiaries, affiliates, officers, and employees, harmless from
\nany claim, demand, or damage, including reasonable attorneys\u2019 fees,
\nasserted by any third party due to or arising out of your use of or<\/p>\n
conduct on the EMarketer Site\/Services. EMarketer reserves the right to
\ndisclose any personal information about you or your use of the
\nEMarketer Site\/Services, including its contents, without your prior
\npermission if EMarketer has a good-faith belief that such action is
\nnecessary to: (1) conform to legal requirements or comply with legal
\nprocess; (2) protect and defend the rights or property of EMarketer or its
\naffiliated companies; (3) enforce the terms or use; or (4) act to protect
\nthe interests of its members or others. EMarketer performance of this
\nagreement is subject to existing laws and legal process, and nothing
\ncontained in this agreement is in derogation of EMarketer right to
\ncomply with governmental, court, and law enforcement requests or
\nrequirements relating to your use of the EMarketer
\nSite\/Services\/Solutions or information provided to or gathered by
\nEMarketer with respect to such use. If any part of this agreement is
\ndetermined to be invalid or unenforceable pursuant to applicable law,
\nincluding, but not limited to, the warranty disclaimers and liability
\nlimitations set forth above, then the invalid or unenforceable provision
\nwill be deemed superseded by a valid, enforceable provision that most
\nclosely matches the intent of the original provision and the remainder of
\nthe agreement shall continue in effect. Unless otherwise specified
\nherein, this agreement constitutes the entire agreement between the
\nuser and EMarketer with respect to the EMarketer Site\/Services\/Solutions
\nand it supersedes all prior or contemporaneous communications and
\nproposals, whether electronic, oral or written, between the user and
\nEMarketer with respect to the EMarketer Site\/Services. A printed version
\nof this agreement and of any notice given in electronic form shall be
\nadmissible in judicial or administrative proceedings based upon or
\nrelating to this agreement to the same extent and subject to the same
\nconditions as other business documents and records originally
\ngenerated and maintained in printed form.
\nCOPYRIGHT AND TRADEMARK NOTICES:<\/p>\n
All contents of the EMarketer Web sites are: Copyright \u00a9 2019 EMarketer
\nand\/or its suppliers, 6636 W. Bancroft St, Toledo, Ohio 43615. All rights
\nreserved.
\nTRADEMARKS.
\nEMarketer and\/or other EMarketer products and services referenced
\nherein may also be either trademarks or registered trademarks of
\nEMarketer in USA\/Canada and\/or other countries. The names of actual
\ncompanies and products mentioned herein may be the trademarks of
\ntheir respective owners.
\nEMarketer BILLING
\nCharges on your Billing Account
\nEMarketer bills you through an online account (your \u201cBilling Account\u201d) for
\nservices and items obtained under this Agreement (the \u201cProducts\u201d). You
\nagree to pay EMarketer all charges at the prices then in effect for any
\nProducts ordered by you or other persons (including your agents) using
\nyour Billing Account, and you authorize EMarketer to charge your chosen
\npayment method (your \u201cPayment Method\u201d) for such Products. You agree
\nand understand that some of the Products are subscription base and
\nrequire termination based on terms and such non-termination provides
\nEMarketer a reasonable basis to provide and charge you for the
\nProducts based on the terms of the original agreement. You agree to
\nmake payment using that selected Payment Method. Charges on your
\nBilling Account will be summarized for you online (your \u201cOnline
\nStatement\u201d). You will have one Online Statement per Billing Account.
\nEMarketer reserves the right to correct any errors or mistakes that it
\nmakes even if it has already requested or received payment.
\nYOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR
\nYOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED.
\nYOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING<\/p>\n
ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN
\nBILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
\nDATE), AND YOU MUST PROMPTLY NOTIFY EMarketer IF YOUR PAYMENT
\nMETHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE
\nOF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
\nDISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO
\nPROVIDE EMarketer ANY OF THE FOREGOING INFORMATION, YOU AGREE
\nTHAT EMarketer MAY CONTINUE CHARGING YOU FOR ANY
\nSERVICE\/PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU
\nHAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH SERVICE\/PRODUCT
\n(CONFIRMED IN WRITING UPON REQUEST).
\nCurrency exchange settlements will be based on your Payment Method
\nand may be determined by agreements between you and the financial
\ninstitution, credit card issuer or other provider of your chosen Payment
\nMethod (the \u201cPayment Method Provider\u201d). If EMarketer does not receive
\npayment from your Payment Method Provider, you agree to pay all
\namounts due on your Billing Account upon demand.
\nPrices for all Products exclude all applicable taxes and
\ntelecommunication charges, unless expressly stated otherwise. To the
\nextent permissible by law, you agree to be responsible for any
\napplicable taxes and telecommunication charges, whether or not such
\namounts are itemized on your Online Statement or charged to your
\nBilling Account or Payment Method.
\nAny agreement you have with the Payment Method Provider will govern
\nyour use of your Payment Method. You agree that EMarketer may
\naccumulate charges incurred and submit them as one or more
\naggregate charges during or at the end of each billing cycle.
\nEMarketer MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
\nFURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE
\n(CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS<\/p>\n
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH
\nNOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE EMarketer
\nREASONABLY COULD ACT.
\nYour non-termination or continued use of the Products\/Services on your
\nBilling Account reaffirms that EMarketer is authorized to charge your
\nPayment Method. EMarketer may submit those charges for payment
\nand you will be responsible for such charges. Those submissions will not
\nwaive EMarketer right to seek payment directly from you. Your charges
\nmay be payable in advance, in arrears, per usage, or as otherwise
\ndescribed when you initially ordered the applicable Product.
\nRefund Policies
\nSubject to any withdrawal right you may have under applicable law,
\ncharges are non-refundable unless the price-plan terms expressly say
\notherwise. Except as otherwise required by law, the costs of any returns
\nif permitted will be at your expense. DESIGN WORK IS NOT REFUNDABLE
\nUNDER ANY CIRCUMSTANCES.
\nEMarketer Solutions are available for an evaluation period. Customers
\nare encouraged to fully evaluate the software prior to purchasing a
\nsoftware license.
\nDue Date: Late Charge; Collection Costs
\nThe amount due to EMarketer for your Billing Account must be paid in full
\nby your Payment Method Provider on the date such payment is
\nrequested by EMarketer, not later than 30 days after the billing date; you
\nare not entitled to carry forward a balance. You agree to pay late
\ncharges that may be assessed by EMarketer on amounts due but not
\ntimely paid. The late charge will be 1.5% per month (or 18% per annum) on
\nthe total amount due but not paid; but, if such rate is in excess of any
\nallowable rate under applicable laws, then you will instead be charged
\nthe maximum rate that is permitted by law. EMarketer reserves the right<\/p>\n
to refer your Billing Account to a third party for collection in the event of
\ndefault. You agree to pay all costs incurred in the enforcement of this
\nAgreement and in collection of any delinquent amounts due, including
\nreasonable attorneys\u2019 fees and costs.
\nDefault
\nIf EMarketer does not receive payment for any charge to your Billing
\nAccount, you will be in default and EMarketer may suspend or cancel
\nyour Billing Account and your access to any or all EMarketer Products. If
\nyour Payment Method Provider seeks return of payments previously
\nmade to EMarketer, but EMarketer in good faith believes that you are
\nliable for the charge and applicable law allows the Payment Method
\nProvider to seek payment from you, you will also be in default and
\nEMarketer may cancel your Billing Account and your access to any or all
\nProducts. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE
\nWITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR
\nSUSPENSION, EMarketer MAY STOP DELIVERY OF ANY PRODUCT, AND ANY
\nINFORMATION YOU HAVE STORED ON A EMarketer SERVICE MAY NOT BE
\nRETRIEVED AT A LATER DATE.
\nTermination, Cancellation, or Suspension
\nEMarketer may, in its discretion, terminate, cancel, or suspend an
\naccepted order if EMarketer is notified that your Payment Method has
\nexpired or has been canceled, or if EMarketer has reason to believe that
\nany Billing Account information provided to EMarketer is untrue,
\ninaccurate, not current, or incomplete. Termination, cancellation, or
\nsuspension, whether by you or EMarketer, will not alter your obligation to
\npay all charges made to your Billing Account before such termination,
\ncancellation, or suspension (including charges made after termination
\nby you but before EMarketer could reasonably act on your termination
\nnotice). You will not be entitled to any refunds upon termination,<\/p>\n
cancellation or suspension unless the applicable agreement expressly
\nso provides.
\nGeneral
\nYou represent and warrant that: (1) you are at least 18 years of age or the
\nage required or allowed under applicable law for making a legal and
\nbinding contract; (2) all information that you submit is true and
\naccurate (including without limitation information relating to your
\nPayment Method); and (3) you are an individual (or in the case of an
\nentity, an agent of the entity) authorized to use the designated Payment
\nMethod. You agree to pay for all charges (including charges by other
\npersons) and to comply with your responsibilities and obligations as
\nstated in this Agreement. If you are an agent of an entity user, you
\nrepresent and warrant that you are duly authorized to legally bind the
\nentity to all terms and conditions of this Agreement and that you have
\nmade the entity aware of them. You agree not to assign, transfer, or
\nsublicense any rights in your Billing Account. EMarketer may: (1) generate
\nprint copies of its electronic records and introduce them in evidence as
\noriginal documents; and (2) prove your agreement or consent in any
\nmanner, including, without limitation, by showing that a procedure
\nexisted by which you must have provided consent or engaged in
\nconduct to obtain the applicable Products.
\nCONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
\nDisclosure to Receive All Information in Electronic Form
\nALL INFORMATION THAT EMarketer IS REQUIRED BY LAW TO SEND TO YOU
\nREGARDING THE SUBSCRIPTIONS, SERVICES, AND OTHER ITEMS PROVIDED TO
\nYOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT
\nINFORMATION (COLLECTIVELY REFERRED TO AS \u201cREQUIRED INFORMATION\u201d),
\nAND ANY OTHER INFORMATION PROVIDED TO YOU FROM EMarketer, WILL BE
\nPROVIDED TO YOU IN ELECTRONIC FORM ONLY. EMarketer WILL PROVIDE ALL<\/p>\n
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TERMS OF SERVICE eMarketer 6636 W Bancroft St Toledo, OH 43615 AGREEMENT BETWEEN YOU AND eMarketer The eMarketer suite of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-73036","page","type-page","status-publish","hentry"],"yoast_head":"\n