VITAL! READ CAREFULLY: This End-User License Agreement (“EULA”)
is a binding legal agreement between you (End-User) and MYSALESZOOM.COM.
MYSALESZOOM.COM only allows “OPT-IN, PERMISSION BASED” email
marketing. All emails sent from this site are to individuals who have
expressly requested such information directly from you; MYSALESZOOM.COM;
or a MYSALESZOOM.COM affiliate; either in writing or verbally.
You, as the End-User,
are solely responsible for your actions and email communications transmitted
using this Site. We do not censor your email transmissions; however, at
our discretion, we may review your email communications and any uploads
to be certain that they comply with our “EULA”.
1. DESCRIPTION OF SERVICE
MYSALESZOOM.COM provides
the End-User with Internet-based personal communications management (email
address books) and email messaging services (the "Service").
The Service includes content which is defined as graphics and text enhanced
by music and animation to communicate between End-User and his ‘opt-in,
permission-based’ list of clients. At End-User’s request,
the Service provides users with a unique e-mail address. Users may access
the Service via this website by logging in with his user name and private
password.
2. BILLING
Billing is done for most members on a quarterly basis. If you paid by
credit card, that credit card will be billed each quarter automatically
unless you cancel, by email, before the next billing cycle. If you paid
by check, that checking account will automatically be debited each quarterly
billing cycle unless you cancel, by email, before the start of that cycle.
You must receive a ‘cancellation confirmation number’ from
us after you have emailed your cancellation. That ‘cancellation
confirmation number’ is verification of your cancellation.
3. ACCEPTABLE USE COMMANDMENTS
MYSALESZOOM.COM has
adopted the following Acceptable Use Commandments to assure that its email
messages always abide by the law and are ethical in content. MYSALESZOOM.COM
rarely monitors the content of End-Users' messages. But MYSALESZOOM.COM
has the right to examine reports of abuse or misuse of its service to
protect its copyrighted property. The following conduct is absolutely
forbidden and if discovered by MYSALESZOOM.COM, subjects End-User to immediate
termination of his service without any refund:
Via MYSALESZOOM.COM,
thou shalt not:
· send threatening, abusive, or harassing messages;
· send spam (unsolicited commercial email)
· send pornographic, vulgar, or obscene messages whether it be
audio or images;
· send objectionable material of any kind or nature;
· send chain letters;
· harm minors in any way;
· impersonate any person or entity, including, but not limited
to, an MYSALESZOOM.COM official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
· send defamatory or libelous messages;
· forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
· upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
· upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
· upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
· upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
· upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
· upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation not directly related
to the sale of real estate;
· interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
· intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
· “stalk” or otherwise harass another;
· attempt to steal graphics; copyrighted content; passwords or
credit card information;
· send messages in furtherance of unlawful, criminal, or fraudulent
activity; or attempt to conceal or misrepresent the identify of the sender.
4. GENERAL PRACTICES
MYSALESZOOM.COM
may establish and modify general practices and limits concerning features
and use of the Service and change these practices and limitations without
notice at any time. We shall provide information regarding the features
and use of this service by email and by auto-dialing End-User by telephone
three times a month.
End-User understands that the Service is offered using current technology
and that MYSALESZOOM.COM will endeavor to maintain,
but cannot guarantee, the quality of service afforded by these technologies.
You agree that MYSALESZOOM.COM shall not be responsible
for the deletion, corruption or loss of messages or the failure to transmit
or retain messages or to provide other associated services. You, the End-User,
understands that MYSALESZOOM.COM is an independent
entity providing messaging and communication control services and does
not own or control the other elements of the network upon which the Service
relies and other entities and network providers are responsible for network
access and connectivity. While MYSALESZOOM.COM
has endeavored to identify the most reliable network partners for the
Service, we make no warranty and cannot guarantee the performance of the
other network service providers.
5. USING THE
SERVICE
You agree not to resell
the use of the Service or otherwise make available the Service or the
functionality offered by the Service to others for a commercial purpose.
You understand that MYSALESZOOM.COM acts as a transmission facility and
content provider which assists you in the routing of data and messages
created by yourself and MYSALESZOOM.COM. You assume sole responsibility
for and bear all the risk of the
content contained within your transmissions. In all cases, your use of
the Service is subject to all applicable local, state, national and international
laws and regulations. Your use of the Service is conditioned on your agreement
to abide by these Terms of Service. You agree to immediately notify MYSALESZOOM.COM
of any unauthorized or suspicious use of a password or account, or any
other questionable activity. Furthermore, you agree to regularly and promptly
log-out and terminate any network session to prevent improper access.
6. GENERAL TERMS
If any provision of
the Terms of Service is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced. MYSALESZOOM.COM’
failure to act with respect to a breach by you, the End-User, or others
does not waive MYSALESZOOM.COM’ right to act with respect to subsequent
or similar breaches. The section titles in this “EULA” are
for convenience only and have no legal or contractual effect.
7. REGISTRATION AND ACCOUNT INFORMATION
MYSALESZOOM.COM does
not require information about any End-User other than what is customary
and necessary for credit verification purposes. You agree to provide accurate
and complete information at the time of registration and to promptly update
any changes to such information. You understand that your account may
be denied or terminated without notice for failure to provide accurate
and complete information. You accept full responsibility for maintaining
the confidentiality of your account and login password. In addition, you
agree to be held accountable for the use of your account, whether or not
you expressly authorized the use.
8. MYSALESZOOM.COM MEMBER PRIVACY POLICY
MYSALESZOOM.COM does
not disclose any personal information about yourself or any aspect of
your client database. MYSALESZOOM.COM does not re-sell or share this information.
9. MYSALESZOOM.COM
‘FARM’ PRIVACY POLICY
MYSALESZOOM.COM provides
the End-User with a ‘farm’ of 500 local home and business
owners. To prevent spamming or other abuse by End-User, the full email
address of these home and business owners is restricted. The email addresses
from this ‘farm’ provided by MYSALESZOOM.COM to End-User appears
like this in the End-User’s database (sample): johnsmith@***************
10. ‘500 MEMBER FARM’ PROVIDED BY MYSALESZOOM.COM
MYSALESZOOM.COM offers
no guarantees, of any kind, that the email addresses provided by MYSALESZOOM.COM
to End-User will result in any additional contacts; sales; or profit to
End-User. MYSALESZOOM.COM offers its best efforts to provide email addresses
in the general market area of End-User but MYSALESZOOM.COM cannot guarantee
the reliability; accuracy; or geographic correctness of those email addresses.
11. MEMBER OBLIGATIONS
You also understand
and agree that the service may include certain communications from MYSALESZOOM.COM,
such as service announcements, motivational messages, administrative messages
via email or telephone, and that these communications are considered part
of MYSALESZOOM.COM membership and you will not be able to opt out of receiving
them.
12. MEMBER
ACCOUNT, PASSWORD AND SECURITY<
You will receive a password and user name upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and user name, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately
notify MYSALESZOOM.COM of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. MYSALESZOOM.COM cannot and will not
be liable for any loss or damage arising from your failure to comply with
this Section.
13. MEMBER
CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you
as the End-User, and not MYSALESZOOM.COM, are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Under no circumstances will
MYSALESZOOM.COM be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available
via the Service.
14. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because MYSALESZOOM.COM has no control
over such sites and resources, you acknowledge and agree that MYSALESZOOM.COM
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that MYSALESZOOM.COM shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
16. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that MYSALESZOOM.COM may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that email messages or other uploaded Content will
be retained by the Service, the maximum number of email messages that
may be sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on MYSALESZOOM.COM’
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time.
You agree that MYSALESZOOM.COM has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that MYSALESZOOM.COM reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that MYSALESZOOM.COM
reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
17. MODIFICATIONS
TO SERVICE
MYSALESZOOM.COM reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that MYSALESZOOM.COM shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
18. DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, 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. You agree that MYSALESZOOM.COM shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
19. WARRANTY RESTRICTION; LIMITATION OF LIABILITY.YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MYSALESZOOM.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MYSALESZOOM.COM
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
THE MATERIALS, GRAPHICS, ANIMATIONS, SOUNDS, INFORMATION, AND
SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT
LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING
COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. MYSALESZOOM.COM IS NOT RESPONSIBLE
FOR ANY FAILURE OF ELECTRONIC MESSAGES SENT THROUGH THE SERVICE TO REACH
THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED
BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE
WITHOUT NOTICE.
MYSALESZOOM.COM MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND EXPRESSLY DISCLAIMS
ANY WARRANTY THAT THE SERVICE WILL BE WITHOUT ERROR, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, OR SECURE. MYSALESZOOM.COM WILL NOT ASSUME THE
RESPONSIBILITY EITHER FOR NON-DELIVERY OR MISDELIVERY OF DATA, OR FOR
THE DELETION OR THE FAILURE TO RETAIN MESSAGES.YOU EXPRESSLY AGREE THAT
USE OF THE SERVICE IS AT YOUR SOLE RISK. MYSALESZOOM.COM MAKES NO WARRANTY AS
TO COMMUNICATIONS OR TRANSMISSIONS OBTAINED THROUGH THE SERVICE, INCLUDING
THE ACCURACY, RELIABILITY, OR QUALITY OF ANY TRANSMISSIONS. MYSALESZOOM.COM FURTHER MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.
NO ORAL OR WRITTEN ADVICE OR INFORMATION RECEIVED BY YOU FROM MYSALESZOOM.COM OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN STATES THAT DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, MYSALESZOOM.COM ’ LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.NEITHER MYSALESZOOM.COM NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION
WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM
YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF MYSALESZOOM.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING,
BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT
THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY
REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT MYSALESZOOM.COM AND ITS AFFILIATES'
AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.NEITHER
MYSALESZOOM.COM NOR ITS
AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT
UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY
MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY,
PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY
YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS MYSALESZOOM.COM AND ITS AFFILIATES
AND PARTIES WITH WHOM MYSALESZOOM.COM
HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL
CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON
THE SITE.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
20.
INDEMNIFICATION
You hereby indemnify, defend and hold harmless MYSALESZOOM.COM and its affiliates,
and all officers, directors, owners, agents, content providers, licensors
and licensees (collectively, the "Indemnified Parties") from
and against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you or any user of your account
of this Agreement. You shall cooperate as fully as reasonably required
in defense of any such claim. MYSALESZOOM.COM
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
21. COPYRIGHT 1999 – 2003, ALL RIGHTS RESERVED
MYSALESZOOM.COM The entire contents
of this site are copyrighted by MYSALESZOOM.COM . The products, technology,
and/or processes described and/or used on this Site are the intellectual
property rights of MYSALESZOOM.COM or other third parties.
Except for the limited license granted above, nothing contained herein
shall be construed as conferring to you in any manner, whether by implication,
estoppel or otherwise, any license, title, or ownership of or to any intellectual
property right of MYSALESZOOM.COM or any third party.
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