1. CHARLIE LONGO CONTENT. The Website, the Services, and their contents may only be used in accordance with the this Agreement. All materials displayed or carried out on the Website or in the Services, including, but not limited to text, graphics, posts, photographs, images, illustrations (also referred to as the “Charlie Longo Content,”) are by copyright. You will abide by all copyright notifications, policies, information, and restrictions included in any Charlie Longo Content accessed through the Services, and will not utilize, copy, recreate, customize, translate, publish, broadcast, upload, license, or otherwise exploit for any purposes whatsoever any Charlie Longo Content or other proprietary rights not owned by you: (i) without the express prior consent of the respective owners, and (ii) in any way that violates any right. You may download or copy the Charlie Longo Content (and other products displayed on the Website or Services for download) for individual non-commercial use , that you keep all copyright and other notifications included in such Charlie Longo Content. You shall not store any significant portion of any Charlie Longo Content in any . Copying or keeping of any Charlie Longo Content aside from personal, noncommercial use is expressly prohibited without prior written approval from Charlie Longo or from the copyright holder identified in such Charlie Longo Content’s copyright notification.
2. YOUR CONTENT. In the course of using the Services, you may supply details which may be used by Charlie Longo in connection with the Services. You understand that by providing content, or information (including without details your end user consumers) to Charlie Longo or in connection with the Services (, “Your Content”), Charlie Longo hereby is and shall be granted a nonexclusive, royalty free, sub-licenseable and transferable right to make use of, process, store, copy, replicate, reformat, and develop derivative works of Your Content ( all related intellectual property rights) in connection with Charlie Longo’s arrangement of the Services. For clarity, the foregoing license grant to Charlie Longo does not affect your ownership of or right to grant additional licenses to the material in Your Content.
You also acknowledge and that Charlie Longo may use Your Content for enhancing the Services, and on an anonymized and aggregate basis for the purposes of marketing and enhancing the Services. Charlie Longo will never your end user clients except as authorized by you in connection with Charlie Longo’s of the Services.
3. YOUR WARRANTY. If you supply any personally identifiable information, including personally identifiable associating with your end user clients, to Charlie Longo, you represent and that (i) you will adhere to all appropriate laws the collection, use and disclosure of personally identifiable , (ii) you have published policy on each web site on which you utilize the Services, which clearly and conspicuously states that (a) you utilize third party service providers to offer certain services to you in connection with such site, and (b) you might divulge personally identifiable details to such third party service providers for the sole purpose of the arrangement of services to you, and (iii) you have made all needed notifications and obtained all needed approvals and permissions from your site visitors and end user customers relating to the disclosure of personally identifiable information to a third party company like Charlie Longo. You also warrant, represent and that you will not contribute any material or otherwise use the Services in a way that (i) or violates the rights or proprietary rights, rights of or , or other rights of any third party, (ii) breaches any law, statute, ordinance or , (iii) is hazardous, fraudulent, misleading, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable, (iv) impersonates any person or entity, without limitation any worker or of Charlie Longo, or (v) includes a virus, trojan horse, worm, time bomb, or other unsafe code, file, or program. Charlie Longo reserves the right to get rid of any content from the Services at any time, for any (including, not restricted to, upon receipt of claims or accusations from third parties or authorities such content or if Charlie Longo is worried that you may have breached the immediately preceding sentence), or for no at all.
4 . You are responsible for all your activity in connection with the Services. Any fraudulent, or otherwise unlawful activity may be for termination of your right to gain access to or make use of the Services. You may not post or transmit, or cause to be posted or , any communication or solicitation designed or intended to obtain password, account, or private from any other user of the Services. Use of the Services to breach the security of any computer network, passwords or security file encryption codes, transfer or store unlawful material ( that may be threatening or obscene), or take part in any sort of illegal activity is prohibited. You not utilize the Services to send out email campaigns that link to or show nudity, content, related material, pay day material, pharmaceutical content, prohibited, viruses, or to material that we deem inappropriate. You will not run Maillist, Listserv, any kind of auto-responder, or “spam” on the Services, or any processes that run or are turned on while you are not to the Website, or that otherwise interfere with the proper working of or put an unreasonable load on the Services’ infrastructure. Further, manual or automated software, devices, or other to “crawl,” “scrape,” or “spider” any page of the Website is strictly forbidden. You will not decompile, reverse engineer, or otherwise to acquire the source code of the Services. You be responsible for withholding, filing, and reporting all taxes, and other governmental connected with your activity in connection with the Services. You acknowledge that Charlie Longo Content and Your Content (together, “Content”) accessed by you using the Services is at your own and you will be exclusively responsible for any damage or loss to any party resulting therefrom. Under no Charlie Longo be accountable in any way for any Content, not restricted to, any errors or omissions in any Content, without limitation reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content published, emailed, accessed, transferred, or otherwise made available via the Services. You, not Charlie Longo, remain entirely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise distribute , or in connection with, the Services. You acknowledge and that your indemnity responsibility in Section 10 any third party claims connecting to your disclosure of any third party personally identifiable information or the tracking of visitors (including without limitation your end user customers) on your web site.
5. DISCLAIMER. You acknowledge that Charlie Longo has no control over, and no duty to take any action relating to: which users to the Services; what Content you gain access to via the Services; effects the Content may have on you; how you might interpret or utilize the Content; or what actions you may take as a result of having been exposed to the Content. You Charlie Longo from all liability for you having or not obtained Content through the Services. The Services might contain, or direct you to sites or applications containing information that some individuals might discover offensive or unsuitable. Charlie Longo makes no representations concerning any material included in or accessed through the Services, and Charlie Longo will not be accountable or for the accuracy, copyright compliance, legality or of material contained in or accessed through the Services. Charlie Longo makes no representations or warranties regarding or of services or products offered or bought through the Services. THE SERVICES CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Charlie Longo OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. DELIVERABILITY. It is understood that Charlie Longo makes no guarantee that HTML messages will be rendered correctly on all recipients’ email programs, due to the wide range of HTML generation tools . Charlie Longo makes every reasonable effort to make sure email messages sent out through our servers follow email standards, we can not that messages look consistent throughout all email platforms due to the number of HTML composition tools . For example, if you Microsoft Word to generate HTML email messages, it is anticipated that recipients of your message a non-Microsoft email application may have difficulty reading your message. For best outcomes Charlie Longo advises the use of HTML editors that produce HTML that adheres to W3C standards.
8. REGISTRATION AND SECURITY. As a condition to utilizing some aspects of the Services, you might be required to register with Charlie Longo and set a password and user name (“User ID”). You shall supply Charlie Longo with accurate, complete, and registration information. Failure to do so will constitute a breach of this Agreement, which might lead to instant termination of your account. You might not (i) select or use as a User ID a name of another person with the intent to impersonate that individual; or (ii) use as a User ID a name subject to any rights of an individual you without authorization. Charlie Longo reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the privacy of your password.
9. INDEMNITY. You indemnify and hold Charlie Longo, its , subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and lawyers’ fees) from any claim or demand made by any due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or appropriate laws, rules or regulations in connection with your use of the Services, or the violation by you or any using your account of any or other right of or entity.
10. OF LIABILITY. IN NO EVENT SHALL CHARLIE LONGO OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 6-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND CHARLIE LONGO’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. THIRD PARTY WEBSITES. The Services might include links to sites or services (“Third Party Websites”) that are not owned or controlled by Charlie Longo. When you access Third Party Websites, you do so at your own risk.
12. MISCELLANEOUS. The failure of either party to , in any respect, any offered herein shall not be deemed a waiver of any additional rights hereunder. If any provision of this Agreement is discovered to be unenforceable or invalid, that will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise continue to be force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Charlie Longo’s prior permission. Charlie Longo may transfer, assign or this Agreement and its rights and without authorization. No firm, partnership, joint venture, or is developed as a result of this Agreement and you do not have any authority of any kind to bind Charlie Longo in any respect whatsoever. Headings for each area been included above for your benefit, such headings do not have any legal definition, and may not reflect the material of the they precede.
13. ARBITRATION; GOVERNING LAW. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to the of laws thereof. Any conflict from or relating to the subject of this Agreement shall be settled by arbitration in Lassen County, California, the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with considerable experience in dealing with and commercial conflicts, who shall be chosen from the list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered might be entered in a court having jurisdiction, or application might be made to such court for judicial of any award and an order of enforcement, as the case may be. Regardless of the foregoing, each will institute an action in a court of jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties exclusive jurisdiction and in the United States Federal Courts in the Northern District of California. Any arbitration under this Agreement take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CHARLIE LONGO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14. CONTACT. If you have any questions, complaints, or with respect to the Services, you us at email@example.com