“Users” means You, the Respondents, and other Users of the Website and/or Services including customers who SubscriberVoice licenses services, if anyGovern, as the case may be.
“You” or “Your” means, (i) you, individually, if you are agreeing to enter this Agreement in Your own capacity, or (ii) if you enter this Agreement on behalf of a company or other legal entity, means the company or other legal entity for whose benefit you act and you, individual, warrants and represents to have the authority to bind such entity to this Agreement, (iii) You have full legal authority to bind Your employer, Users and/or legal entity, as the case may be, if You are accepting on behalf of Your employer, Users and/or legal entity, as the case may be.
“Website” means SubscriberVoice.com and any other website made available to You and Your Users and operated by SubscriberVoice accessible by the Internet that facilitate, provide or describe the Services.
“Services” means any products and services provided to Users by SubscriberVoice or by any of its agent, reseller or partner.
“Service Plans” means the plans for Services as described on the Website. Each Service Plan may be changed from time to time by SubscriberVoice.
“Seal License Agreement” means the Agreement between SubscriberVoice and a User to display the SubscriberVoice Seal.
“Subscription” means User’s acceptance of the Subscription Documentation provided to User by SubscriberVoice, whereby User agreed to receive the Service on an ongoing basis, according to the terms and conditions referenced in the Subscription Documentation.
“Subscription Documentation” means any and all documentation evidencing User’s agreeing to enter into a Subscription for the Service(s), including but not limited to a Proposal, Quote, Services Agreement, Order Form or Statement of Work.
“Subscription Term” means the Initial Term for the Subscription to the applicable Service, as specified on User’s Subscription Documentation, and each subsequent Renewal Term (if any), as defined below.
These Terms of Service (“Terms”, “Terms of Service” or “Agreement”) are entered into by and between you, (“you,” “your” or “user”) and eNovative Lab, LLC dba SubscriberVoice (“SubscriberVoice,” “we” or “our”) and, together with any documents they expressly incorporate by reference, govern your access to and use of any and all SubscriberVoice products and services, including any content, functionality and services offered on or through www.subscribervoice.com, and any other websites or mobile applications that post a link to these Terms of Service and which are owned and operated by SubscriberVoice. These Terms constitute a binding agreement between you and SubscriberVoice that will take effect at the time of accepting the Subscription Documentation by clicking “I accept” or through the use of any SubscriberVoice site or services. By proceeding to use this Website you agree to abide by the following terms and conditions. Please read this Agreement carefully before entering or using the Website.
You may be required to signify your consent to these terms in order to register and take advantage of the goods and services that we offer, and in all cases if you proceed to use the Website, you will be legally bound by these terms and conditions even if you have decided not to read them. If you do not want to abide by this Agreement, please exit the Website. If you have questions about any part of this Agreement please email us at email@example.com.
This Agreement includes any Subscription Documentation (as defined above), as well as any policies or exhibits linked to or referenced herein. If you have entered into another agreement with SubscriberVoice concerning specific Services, the terms of that agreement control if there is any conflict with these terms.
Should there be any changes to this terms of service, we will provide notice of such changes by posting the new Terms of Service here: https://www.subscribervoice.com/terms/ We ask that you please check our terms of service from time to time so you will be aware of any changes in the event they do occur. By continuing to use our services you will be considered to have expressly consented to the changes outlined in the updated terms of service. SubscriberVoice may add, change, discontinue, remove or suspend any other content posted on this Website, including features and specifications of products or services described or depicted on the Website, temporarily or permanently, at any time, without notice and for any reason.
These terms control the relationship between SubscriberVoice and you. They do not create any third party beneficiary rights. If it turns out that a particular term is not enforceable, this will not affect any other terms. SubscriberVoice makes no representations or warranties regarding the suitability, reliability, availability, timeliness, quality, or lack of viruses or other harmful components of the site or the services, or the accuracy of such information, software, products and services.
To the fullest extent permitted by applicable law, SubscriberVoice, its affiliates and their respective directors, officers, employees, servants and agents hereby disclaim all warranties, express or implied, with regard to such information, software, products or services, including any warranty of non-infringement of third party rights, and the implied warranties of merchantability and fitness for purpose.
You agree that SubscriberVoice may discontinue your access to this Website at any time, without notice, if it determines, in its sole discretion, that you have violated any term or provision of this Agreement or if ordered to do so by legal process.
Notwithstanding anything to the contrary in this Agreement, in order to use the Services under any of the Service Plans, you must register, open an account, pay the required subscription fees and accept the Subscription Documentation. By displaying a Seal, User also accepts the “Seal License Agreement” meaning the Agreement between SubscriberVoice and a User to display the SubscriberVoice Seal. If User has registered for an account to use the Services, User hereby warrants that the information provided by User for the purposes of such registration is complete and accurate. User shall ensure that such information is kept up to date. Upon registering for an account, each User will receive a password and an account designation. User acknowledges and agrees that User, and not SubscriberVoice, is responsible for User's account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities.
Unless otherwise specified in the applicable Subscription Documentation, SubscriberVoice may use User’s name, logo and marks (including marks on User Properties) to identify User as a SubscriberVoice User on SubscriberVoice’s website and other marketing materials.
If you or other Users send any communications or materials of any kind to or through the Website, by electronic mail or otherwise, including any comments, surveys, ratings, data, questions, suggestions or the like, all such communications are, and will be considered to be non-confidential and available for any purpose to SubscriberVoice or any other party having access to such material. This means that you will forever give up any claim that any use, analysis, modification, reproduction or exploitation of such material violates any copyrights, trade secret rights, property rights, publicity rights, moral rights, financial rights, privacy rights, rights to credit for material or ideas, or any other right with respect to such material.
You are prohibited from posting, emailing, distributing, communicating or transmitting to or through this Website any defamatory, libelous, obscene, abusive, harassing, tortious, pornographic, profane, threatening, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although SubscriberVoice may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions and the like on the Website, SubscriberVoice is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. SubscriberVoice may change, edit, or remove any User material or conversations that are illegal, indecent, obscene or offensive, or that violates SubscriberVoice‘s policies in any way. SubscriberVoice will fully cooperate with any law enforcement authorities or court order requesting or directing SubscriberVoice to disclose the identity of anyone posting such materials.
User further acknowledges and agrees that SubscriberVoice may cooperate with any governmental authority in connection with any investigation into User's use of the Site or the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the User or to User's use of the Site or the Services, to such governmental authority in connection with any such investigation.
You shall not interfere with anyone else’s use of this Website. You shall not use this Website to transmit or implant any virus or other form of computer program or device intended to disrupt, sabotage, impair or otherwise damage or cripple any data, computer or computer system. You shall not use this Website for the purpose of gaining any unauthorized access to any data, computer or computer system. You shall not use this Website for the purpose of conducting any illegal activity, or engaging in any infringement of the intellectual property rights of a third party.
All content provided by SubscriberVoice in connection with the Services is protected under Federal copyright and trademark law, including text, site design, logos, graphics, video streams, icons, audio clips, video clips and images, as well as the selection, assembly and arrangement thereof, other than material identified as the property of a third party. Unless authorized in writing by SubscriberVoice or elsewhere in these Terms, User must not reproduce modify, republish, upload, download, post, transmit, or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print SubscriberVoice documents from the Services, as long as such documents are for User’s use only and are not posted, distributed, modified, including being defaced or remove copyright, trademark or other intellectual property ownership notices. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles. For contracts with SubscriberVoice, LLC, both parties consent to the exclusive jurisdiction and venue of the courts in Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to the use of the Subscription Service or other Services.
You, at your sole and exclusive expense, agree to indemnify, defend and hold harmless SubscriberVoice and all of its agents, directors, employees, information providers, affiliates, suppliers, representatives, partners, licensors and licensees, officers and parent companies or other related parties from and against any and all liabilities, damages, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including, without limitation, settlement costs and attorneys’ fees and costs), incurred in connection with any claim arising out of any breach by you, including, without limitation breach by your account, breach though your use of the Services or any other person or persons who uses your User account, of this Agreement or any product or service posted or provided by you to this Website whether intentional, malicious, inadvertent, wrongful or negligent. You will cooperate as fully as reasonably required in SubscriberVoice’s defense of any such claim. SubscriberVoice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SubscriberVoice.
This Website originates from and is maintained in the United States of America, and SubscriberVoice makes no representations regarding the legality of access to or use of the Website or the materials contained in or accessible from the Website in other countries. Any export or use of such materials by a User must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. Users who access the Website from outside of the United States do so at their own risk and are responsible for compliance with applicable export and local country laws.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, SubscriberVoice, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof, including any pertaining to accuracy or completeness of Website content, the content of any sites linked to this Website, or any goods or services furnished, licensed or sold on or through this Website. All the information contained in this Website is provided “as is” without any warranties or guarantees of any kind. This Website may contain advice, opinions and other statements of SubscriberVoice or third parties. Such content is for informational purposes only, and reliance on such content is at your own risk.
You expressly understand and agree that SubscriberVoice shall not be liable for any indirect, special, consequential, punitive, multiple, exemplary, incidental or aggravated damages (including, without limitation, damages for the inability to use any service or software or access data, information or content, errors, mistakes, or inaccuracies of content, loss or corruption of information or data, loss of business, opportunity, profits or revenues, downtime, loss of the use of any of the Products and Services, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, any interruption or cessation of transmission to or from our Website, failure to realize any expected savings, transmit or receive any data, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, denial of service codes or the like which may be transmitted to or through our Website by any third party, business interruption, cost of procurement of substitute goods or service or the like, whether or not foreseeable, arising out of or related to this Agreement , the use of, or inability to use, performance or non-performance, of the Products and Services, or any part thereof, whether a claim for such damages is based on warranty, contract or tort (including negligence or strict liability) product liability or otherwise, even if an authorized representative of SubscriberVoice is advised of the likelihood or possibility of such damages.
SubscriberVoice does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising. SubscriberVoice will not monitor or in any way be responsible for any transaction between you and third-party providers of products or services.
SubscriberVoice does not warrant or guaranty that the certification of your business under the SubscriberVoice program will result in or generate increased revenues, value or recognition to your business.
Certain content of this Website is intended to provide a forum for consumers and others to post and publish reviews. Such reviews may be published on the Website or otherwise made publicly available, and may be provided to the parties to whom the review refers. SubscriberVoice does not edit or analyze the content of such reviews for any purpose, and does not warranty or guaranty the accuracy, validity or completeness of such postings, nor does it warrant or guaranty that such content will result in or generate increased revenues, value or recognition to the parties about whom the content concerns, nor does it warrant or guaranty that such content will not potentially damage or lessen the reputation or good will of such parties. You agree to and do herby waive and release any and all claims that may exist, known or unknown, now or in the future, legal or equitable, for any damages, losses or injury associated with the publication or use of such content, including but not limited to loss of income, damage to business reputation, defamation, invasion of privacy, disclosure of confidential information, or infringement of intellectual property rights, and agree to indemnify, defend and hold SubscriberVoice harmless against any such claims that might be asserted against SubscriberVoice by a third party based on content that You publish or post under this forum.
You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, even though we have a policy against the posting of such content, and you agree to and do hereby waive, any legal or equitable rights or remedies you have or may have against SubscriberVoice with respect thereto.
In no event will SubscriberVoice be liable to you or another party for any indirect, special, consequential or punitive damages, including but not limited to, lost time, lost money, lost profits or good will, resulting from these terms and conditions or anyone’s use of this Website, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen.
Notwithstanding any damages that You and other Users might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of SubscriberVoice and Others under this Agreement and Your and the other Users' sole and exclusive remedy for all of the foregoing and the above shall be limited to terminate this Agreement and discontinue using the Website and Services and $100.00.
This Website may contain references, frames or hyperlinks to other sites on the Internet. SubscriberVoice provides such links for your convenience only, and is not responsible for the content of any Website linked to or accessible from this Website. SubscriberVoice is not responsible for, have any affiliation, nor does it endorse or recommend, any products or services whatsoever provided by any other website. SubscriberVoice disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
If you have registered to receive or purchase goods and services from SubscriberVoice through this Website, you must abide by all of the terms set forth in the Subscription Documentation, you are required to make all payments in a timely fashion, and you are required to provide all requested personal and account/payment information to ensure payment. SubscriberVoice may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User's Subscription or Subscription Documentation.
You warrant that the information you provide is accurate and that you have the legal authority to furnish account and debit information for electronic payments on your account. SubscriberVoice does not guarantee the accuracy of information provided by third parties offering goods or services on the Website. User acknowledges and agrees that if User's payment cannot be processed for any reason, SubscriberVoice may suspend or cancel User's Subscription or Services.
This Agreement is effective until the applicable Subscription Term for the Service(s) has expired or the Subscription is terminated as expressly permitted herein. The initial Subscription Term for any Service is twelve (12) months (“Initial Term”), unless otherwise specified in User’s Subscription Documentation.
By agreeing to any Subscription Documentation, User is agreeing to pay applicable fees for the entire Subscription Term. User cannot cancel or terminate a Subscription Term except as expressly permitted herein. Upon the expiration of the Initial Subscription Term, the Subscription will automatically renew to subsequent twelve (12) month renewal terms (“Renewal Term(s)”) unless: (i) otherwise stated on the applicable Subscription Documentation or (ii) either party gives written notice by sending an email to SubscriberVoice at firstname.lastname@example.org of non-renewal at least thirty (30) days before the end of the then-current Subscription Term. If no Subscription start date is specified on the applicable Subscription Documentation, the Subscription starts when User first obtains access to the Service. User will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription Documentation that User has agreed to, unless SubscriberVoice has changed rates, in which case the new rate will be applied to the renewal Subscription period.
In the event of subscription cancellation, as expressly permitted herein, any mutually agreed upon custom development costs performed directly for the customer's account, inclusive of integrations, shall be charged to the customer on a pro-rated basis as the cost of custom development less any subscription fees already paid to date at the time of cancellation.
SubscriberVoice will refund the purchase price of goods or services you purchase over this Website if it is determined, that a refund is appropriate, in SubscriberVoice’s sole discretion, and only after receiving a written request for such refund specifying the nature of the request and furnishing all appropriate documentation and materials to enable SubscriberVoice to evaluate the request. The agreement to provide a refund does not relieve you of the other obligations set forth in this Agreement. To be entitled to a refund you further must mail or email at email@example.com, the demand for refund not later than 10 days after the date of furnishing of the goods or services in question.
SubscriberVoice’s Fees are exclusive of all taxes, and User must pay any applicable taxes or levies, whether domestic or foreign, other than taxes based on the income of SubscriberVoice. User will make tax payments to SubscriberVoice to the extent amounts are included in SubscriberVoice’s invoices. Should SubscriberVoice be unable to process/receive the Fees when due and owing, payment shall be considered overdue. SubscriberVoice shall have the right to charge interest on all overdue amounts at the annual rate of 12%, compounded monthly, or the maximum lawful amounts, whichever is less. If SubscriberVoice sends the account for collection and/or initiates legal action to collect overdue amounts, User shall be liable for all cost and expenses of such action, including reasonable attorney's fees, court costs, and expenses. Additionally, after payment becomes overdue, SubscriberVoice shall have the right to immediately suspend User’s access to the Service.
If you have any questions regarding our terms of service, please contact us at firstname.lastname@example.org.
Updated March 14th, 2020