Acceptance of Terms
By opening a SignatureB account and purchasing any SignatureB Product or Service, you agree to abide by the terms set forth in this Agreement. You also covenant that (a) you are at least eighteen (18) years of age, (b) you are able to sign legally binding contracts on behalf of yourself and/or your organization, and (c) you are representing yourself and your organization honestly to your e-mail subscribers and to us. You also agree to maintain current information about yourself and your organization in your account, and to update that information as it changes.
Your use of this Web Site and/or purchase of a SignatureB Product or Service confers no title or ownership in the Web Site, Product, or Service or the content thereof. We are granting you temporary, non-exclusive access to the SignatureB Web Site – along with certain entitlements and privileges – that will continue only so long as you (a) continue to provide payment for SignatureB Products and Services in a timely manner, and (b) continue to abide by the terms of this Agreement.
SignatureB owns all logos, graphics, content (other than logos, graphics, and content owned and provided by you or any third party), pages, features, and processes (the “Proprietary Information”) which are used in any SignatureB Products, Services or this Web Site. You agree not to copy, modify or otherwise use SignatureB Proprietary Information or any Service components in ways not explicitly allowed by this Agreement, without prior written consent from SignatureB. You also agree not to remove any proprietary notices or labels from any SignatureB Product or component thereof.
The works of authorship contained in this Web Site and any Product, including but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by SignatureB or its licensors. United States and worldwide copyright laws and treaty provisions protect the entire contents of this Web Site and the Products created or produced by SignatureB. In accordance with these terms, except as stated above, you may not:
Following the rules of permission marketing
SignatureB offers permission-based marketing and communication Services which are designed to create and facilitate e-mail communication and interaction between your organization and people who are interested in receiving e-mail correspondence from you, (“Subscribers”). Your use of any SignatureB Service necessarily requires a high standard of ethics and strict set of rules in order for your organizations and SignatureB to remain compliant with the relevant local, state, federal and international laws - as well as all pertinent guidelines and industry best practices - pertaining to use of e-mail as a marketing and communication tool.
Accordingly, you agree to utilize the SignatureB Web Site and/or to engage SignatureB to send e-mails on your behalf only to those Subscribers who have an established, clear relationship with you and/or your organization and/or who have expressly indicated their desire to receive e-mails from you and/or your organization.
Specifically, to qualify to receive e-mails from you or from SignatureB on behalf of you or your organization, a Subscriber must meet one of the following criteria:
- He or she has opted-in to receive your e-mails, using a form that clearly indicates that by submitting his or her e-mail address he or she will receive e-mails from you;
- He or she has a clear relationship with you, as (a) a member who pays dues to belong to your organization, (b) a subscriber who pays a subscription fee to gain access to your organization's services, or (c) a customer who has purchased a good or service from you within the past eighteen (18) months, in the course of which you have obtained that customer's e-mail address.
If any Subscriber, regardless of his or her prior opt-in status or relationship to you, has indicated a desire not to receive e-mails from you - either during or prior to your engagement of SignatureB - you may not use the SignatureB Web Site or any SignatureB Service to e-mail that subscriber.
Evidence of permission
By engaging SignatureB or utilizing the SignatureB Web Site to send e-mails to a subscriber, you are representing to SignatureB that you have obtained permission to e-mail that subscriber. At SignatureB’s request, from time to time, you must be able to provide evidence as to the origin of any e-mail address with respect to how it was acquired and how permission was obtained. You agree to fulfill such requests for evidence by SignatureB to the best of your ability and in a timely manner, and you understand that any such addresses for which you are unable to provide adequate information in a timely manner will be disallowed, along with the rest of the list(s) in which that address resides, should we, in our sole judgment, deem it necessary and appropriate to disallow the entire list.
No rented, purchased or harvested addresses allowed
You may not use the SignatureB Web Site or any SignatureB Service in conjunction with e-mail lists or addresses that have been purchased, rented or otherwise obtained from a third party, or which have been collected using a script or other harvesting method, or which have been obtained without the e-mail address owner's knowledge. Sending e-mails to any address or list obtained using one or more of these methods will result in the termination of your SignatureB account, immediately and without prior warning or notice. We may also restrict access to your account, immediately and without prior warning or notice, should we have reason to suspect that e-mail addresses being added or imported into your SignatureB account fail to meet the permission criteria set forth in this Agreement.
Should any e-mailing sent through your SignatureB account receive an unreasonable number of complaints from Internet Service Providers or e-mail watchdog groups (with SignatureB having the sole right to determine what qualifies as unreasonable), we reserve the right to suspend or terminate your account immediately. Furthermore, you agree to be solely responsible for paying any fines incurred by SignatureB as a direct result of one of your e-mailings.
Clearly identifying the origin of your e-mail, and its content
You also agree to ensure that e-mail messages sent through your SignatureB account are truthful and accurately identify the source of the message. In all e-mails, you agree to use subject lines that are in no way false or misleading as to the identity of the sending organization or the nature of the content contained in the e-mail. You also agree to include your organization's physical address in all campaigns, as required by the U.S. Can-Spam legislation.
Using our opt-out process
Allowing subscribers of your e-mails to choose to stop receiving those e-mails is required by law. In order to ensure strict compliance, we require that you use the opt-out link and process provided with your e-mail account and templates. You hereby acknowledge and agree that you will in no way attempt to circumvent SignatureB's opt-out process. Furthermore, you understand that some subscribers may choose to ask you to unsubscribe them instead of using the opt-out link provided. In such cases, you agree to unsubscribe any such subscriber manually, by changing the member's mailing status to "opt out" using the tools provided inside your SignatureB account, and to make sure any such subscriber has been opted-out prior to your next mailing being sent, and, in any event, within ten (10) business days from your receipt of their opt-out request, if no mailings have been sent during such time period, as required by law.
Responsibility for information and content The Customer is solely responsible for the accuracy of the information contained in your account, including the e-mail addresses that are added, imported and stored, as well as any content which is provided by the Customer (including monthly promotions and announcements) and which is published, distributed or linked to in or from any SignatureB e-marketing campaigns. You hereby agree that you are solely responsible for obtaining permission to use any and all Customer-provided content distributed through your SignatureB account and to abide by all pertinent copyright laws. Further, the Customer covenants that the use of any Customer-provided content will not infringe upon any third party intellectual property rights, including federal, state, or common law patent, trademark, or copyright laws or regulations and expressly agrees to indemnify and defend SignatureB, its officers, employees, agents, and affiliates from and against any claims by any third parties relating to such Customer-provided content. Should SignatureB have reason to believe you have violated any laws in the course of your use of the SignatureB Service, or plan to violate any law using the SignatureB service, we reserve the right to suspend or cancel your account immediately and without prior warning.
Disclaimer regarding Content provided by SignatureB
The Products are not intended to provide medical advice on personal health conditions, nor are they intended to replace recommendations made by health professionals. You and the subscribers of any SignatureB-related e-mails should always consult your own physician before beginning any new treatment or fitness program based upon the content of any Product. The Customer acknowledges and agrees that any Product content provided by SignatureB is intended to be general in nature and should not be relied upon by the Customer or any third party in lieu of professional medical advice. All factual information contained in the SignatureB Web Site and/or any Product or Service is obtained from sources believed to be reliable and accurate. SignatureB makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or SignatureB.
All factual and other information, including any opinions, accessible through the Web Site or contained in any Product or Service are provided on an “as is, as available” basis without warranty of any kind and, without limiting the generality of the foregoing, any and all warranties of merchantability and of fitness for a particular purpose are specifically disclaimed. SignatureB shall not be responsible in any way for any loss that results from the use of such factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you or your customers or members from SignatureB or through or from this Web Site shall create any warranty other than as set forth herein.
Protecting your data and your privacy
We agree to hold your account information, lists and data in strict confidence. We do not now, nor will we ever, rent, sell or in any way share the e-mail addresses in your account with any third party. The only time SignatureB will ever share ANY information related to your SignatureB account with an outside organization is if (a) the outside organization is processing your payment for the SignatureB service and requires certain information necessary for the transaction, (b) the outside organization is the federal government or other agency empowered to require us to divulge your personal or account information, (c) SignatureB is highlighting examples of your templates, campaigns or case studies and has obtained your permission prior to the divulging of such information, or (d) SignatureB is reporting on our overall customer base and activity, in which case we will only divulge general, aggregate (non-personally identifiable) information.
In creating your SignatureB account, you will be required to create a username and a password that controls access to your account and all of the data stored within that account. SignatureB stores an encrypted version of your password for added security, but you understand and acknowledge that you are ultimately responsible for maintaining control of that username and/or password and ensuring the proper use thereof by authorized personnel only.
Things you may not do
The following actions are strictly prohibited in association with your SignatureB account. Should you, or anyone acting on your behalf, take any of the following actions, your any SignatureB account will be suspended or terminated, immediately and without prior notice or warning.
You hereby explicitly agree that you will not:
- Use the SignatureB Web Site or any Service to break any local, state, federal or international laws or regulations, including but not limited to those related to spamming, e-commerce, obscenity, defamation or privacy;
- Use the SignatureB Web Site or any Service to encourage or facilitate any illegal activities;
- Use the SignatureB Web Site or any Service to harass, threaten or embarrass any person or organization;
- Use the SignatureB Web Site or any Service to promote MLM (multi-level marketing) or Ponzi schemes;
- Use the SignatureB Web Site or any Service to distribute illegal, pornographic or potentially harmful or offensive information, photos, software or materials, or include links to Web pages containing any such items (We reserve the right to use our own judgment in determining what is offensive); or
- Use the SignatureB Web Site or any Service in conjunction with e-mail addresses or lists that have been obtained in any way other than those described as permissible in this Agreement.
Your data, and our storage thereof
Your SignatureB account includes certain data storage capabilities– for lists, e-mail campaigns and content, and response tracking information. We may, from time to time, choose to set limits on how much information may be stored, and may change those limits at any time. Should we impose or change any such limits, we will provide you with reasonable advance notice of such limits or changes, and will, when possible, offer you the option to either obtain more storage capability at an additional cost or maintain a lower level of storage without incurring additional costs. SignatureB is not responsible for the loss of any data in the event that you fail to request either more storage space or a transfer of existing data to another location and data is lost due to a change in limits or by your exceeding the existing limits.
Payment for services
SignatureB requires that Customers pay for your use of any SignatureB Service in a timely manner. Unless otherwise agreed upon in writing, payment for all Services is due in advance. You acknowledge that you will purchase a certain number of subscribers. If you have more subscribers stored in your account than the level purchased, sending will be disabled until you reduce the number of subscribers or upgrade to a higher plan. Additional design fees will be invoiced monthly and payment is due no more than 15 days from the invoice date. By entering credit card and billing information into your SignatureB account, you are authorizing us to charge that card for services rendered pursuant to the pricing specified in your SignatureB plan or a separate addendum to this Agreement, should such an addendum exist. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. SignatureB reserves the right to suspend your account in the event you fail to pay the appropriate account fees on time, until such time as proper payment is received.
You acknowledge that from time to time delivery of e-mail messages sent by or through SignatureB may be blocked or prevented at the destination’s mail server. You acknowledge and agree that you are responsible for paying the applicable fees for all e-mails sent by or through SignatureB, regardless of whether delivery of such messages to their intended subscribers is prevented or blocked by any third party. You are solely responsible for monitoring, correcting and updating the e-mail addresses to which messages are sent through your SignatureB account.
Termination by Customer: Customer must provide advance written notice of its intent to terminate this Agreement. Any request by the Customer to terminate will take effect on the last day of the month in which such written request is received by SignatureB (if notice is received prior to the 20th day of that month) or the fifteenth day of the following month (if notice is received after the 20th day of the preceding month), and you will be required to pay for any Products or Services rendered by SignatureB on or before such termination date. Prepaid Accounts. If you have paid in advance for a scheduled SignatureB Service or any portion thereof, such payment may be refunded in part, except that payment for Signature Account Set Up and Signature Stationery Design Fees is non-refundable. A $75.00 cancellation fee will also be assessed. SignatureB will refund to the Customer an amount equal to the fees for the monthly newsletter (the discounted package rate) multiplied by the number of newsletters remaining in your package and less any fees owed including the cancellation fee, providing that written notice is given to SignatureB at least 30 days prior to the next scheduled provision of such Service.
Termination by SignatureB:
SignatureB may unilaterally terminate this Agreement if:
a) payment for Products and/or Services rendered is at least 60 days overdue, or
b) we determine that you are in breach of any of the terms set forth in this Agreement.
Modifications to this Agreement
SignatureB may unilaterally, from time to time, edit, append or otherwise modify the terms of this Agreement. Any such changes will take effect as soon as they are posted on the SignatureB website at http://www.SignatureB.com/terms. Your continued use of the SignatureB Web Site after such changes have been posted indicates your acceptance of those changes and your agreement to abide by them. If you disagree with any changes made to this Agreement, you may terminate your SignatureB account as set forth in the 'termination' section above.
Disclaimer of Results
We can not and do not guarantee that SignatureB Services will work in any particular way, nor can we guarantee that it will provide you with any particular result, such as making you more money, increasing your customer base, improving your tennis skills, etc. You agree not to hold us liable, financially or otherwise, should SignatureB fail to perform these things that we cannot guarantee in the first place. Notwithstanding the above, in no event shall we be liable to you for any amount greater than the fees you have paid to us for your use of the SignatureB Web Site or Services over the twelve (12) month time period prior to the occurrence of the incident giving rise to such liability.
Indemnification of SignatureB by Customer
You, the Customer, agree to indemnify and hold harmless Happy Enterprises, LLC, its officers, employees and business partners, from any claims arising from your use of SignatureB or its related Products or Services.
Limitation of Liability Relating to the Web Site
You expressly understand and agree that SignatureB will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if SignatureB has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Web Site.
You and/or your customers or members may, through hypertext or other computer links contained in SignatureB Services or on our Web Site, gain access to third party sites on the World Wide Web, which are not related to or maintained by SignatureB. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and SignatureB takes no responsibility for the content of such sites, regardless of whether the link is provided by SignatureB or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any web site to which the Web Site or any Product or Service may link, including information on such other web site regarding SignatureB. By providing access to other web sites, SignatureB is not endorsing the products and services provided by any web site's sponsoring organization.
Limited License to Link to Web Site
Other web sites may include a link to this Web Site; provided such sites link to the home page (www.SignatureB.com) only. Linking to other content within the Web Site is prohibited without SignatureB’s express written consent. Please contact us to make such a request for such consent.
This limited license expressly prohibits the “framing” of SignatureB in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
Your correspondence or business dealings with, or participation in the promotions of, any advertisers found through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and SignatureB expressly denies any liability related thereto.
The headers in this Agreement are provided as visual aids only and are not to be considered legally binding in any way.
This Agreement contains all agreements between the Customer and SignatureB regarding the relationship between the parties and your use of the SignatureB Web Site, Products and Services and therefore supersedes any other agreement regarding those topics. You cannot transfer any of your rights or responsibilities under this Agreement. SignatureB retains the right to transfer any of our rights and responsibilities under this Agreement at any time, with or without notice to you.
This Agreement will be interpreted in accordance with the laws of the State of Colorado. Should SignatureB and the Customer ever have to go to court over this Agreement or anything related to your use of the SignatureB Web Site or any Product or Service, you agree to submit to the jurisdiction of the Federal and state courts in Orange County, California. Before going to court, all parties agree to attempt to sort out any problem through informal or formal mediation. If any provision of this Agreement is held to be invalid, that provision will be enforced to the extent possible and all other provisions of this agreement will be given full effect. If SignatureB fails to act to enforce any of the provisions of this Agreement, such inaction will not be a waiver of our right to act and will not affect our ability to act later.
We may send you any notice that is required by this Agreement or otherwise via e-mail or regular mail or by posting the notice on the SignatureB website. Any notice you send us should be sent to support@SignatureB.com or mailed to 412 Olive Avenue, Suite 325, Huntington Beach, CA 92648.
Copyright © 2008 SignatureB. All Rights Reserved.
- Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site or the Products without SignatureB's express written permission.
- Copy, modify or display trademarks, names or logos appearing on this Web Site or any Product in any way without SignatureB's express written permission.
- Redeliver any of the pages, text, images or other content of this Web Site or Products using “framing” technology without SignatureB's express written permission.
- Distribute or cause to be distributed any Products or portions thereof to anyone other than clients for whom you or your organization personally provide services or intend to personally provide services in the course of your business.