More Customers NOW Terms of Use
Last Modified: March 25, 2012
Welcome to More Customers NOW. More Customers NOW offers traditional and ‘new’ marketing tools and services, content, testing, marketing analytics and advice to help you transform and grow your business through fully integrated marketing.
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.
These Terms are a legally binding contract between you and More Customers NOW, located at 14 Swan Road, Murrumbeena, Melbourne, Vic 3163. More Customers NOW provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.
BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND OTHER PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS SITE AND EXIT NOW.
More Customers NOW may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services. If we update or change these Terms, we will post the updated Terms at http://www.morecustomersnow.com.au/terms-of-use/. The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the "Last Modified" date above. We encourage you to review these Terms periodically.
1. Services
More Customers NOW provides our clients with paid access to a rich collection of software, services, tools, and resources, including those provided by third-party providers such as our official partner HubSpot.com. The Services to which you have access depends on the subscription plan that you choose. The Services that are available may change from time to time and More Customers NOW or any of our third-party partners may choose to discontinue some or all of the Services at our discretion.
You understand and agree that the Services may include certain communications from More Customers NOW or any of our agents or partners, such as service announcements and administrative messages, and that these communications are considered part of your More Customers NOW subscription and services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new More Customers NOW properties, shall be subject to these Terms.
By registering for, or accessing and using, the Services, you acknowledge receipt of, and signify your agreement to, the More Customers NOW Privacy Policy, found at http://www.morecustomersnow.com.au/privacy-policy/ and incorporated herein by reference.
Membership in or use of the Services is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.
2. More Customers NOW’s Proprietary Rights
The Services are based upon proprietary More Customers NOW and third-party partner. technology and include information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags ("Content"). The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of More Customers NOW or its licensors (if any). Without limiting the preceding sentence, More Customers NOW owns and retains all copyrights in the individual web pages, components of web pages, and collective works available through the Services. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Services, in whole or in part, by any means, except as expressly authorised in writing by More Customers NOW. More Customers NOW shall also own, and you assign, all right, title, and interest in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other generalised information provided by you or any other party relating to us or pursuant to these Terms or in the course of your use of the Services.
More Customers NOW and its logos are trademarks and the property of More Customers NOW. The appearance, layout, colour scheme, and design of the MoreCustomersNow.com.au site is protected trade dress. You do not receive any right or license to use them.
3. Use and Limitations of Use
More Customers NOW grants you a personal, non-transferable and non-exclusive right and license to use the Services that correspond to the subscription you have purchased, on these Terms.
Your license to use the Services is conditioned upon your representations and warranties that:
1) you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code;
2) you will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services in any way, or ;
3) you will not "frame" or "mirror" any of its content in any other server or wireless or Internet-based device
4) you will not use the Services in any manner that could damage, disable, overburden, or impair any More Customers NOW Website or interfere with any other party's use and enjoyment of the Services;
5) you will not modify software made available to you through the Services in any manner or form, nor use modified versions of the Services or software, including (without limitation) for the purpose of obtaining unauthorised access to the Services;
6) you will not obtain or attempt to obtain any materials or information through any means that More Customers NOW has not intentionally made available or provided; and
7) you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Any unauthorised use of the Content or any Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with More Customers NOW to prevent any unauthorised copying of the Services or Content.
4. Termination
Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by More Customers NOW, we may terminate and/or suspend your access to any portion of the Services. Any such termination or suspension shall be in More Customers NOW’s sole discretion and may occur without prior notice or any notice. More Customers NOW further reserves the right to terminate or suspend any user's access to the Services or to any portion of the Services in response to any conduct or activity that More Customers NOW in its sole discretion, believes is or may be directly or indirectly harmful to other users (including but not limited to distributed denial of service (DDoS) or other attacks directed at your website), to More Customers NOW or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. More Customers NOW further reserves the right to terminate or suspend any user's access to the Services, or to terminate the Services in their entirety, for any reason or for no reason at all, in More Customers NOW sole discretion, without prior notice, and with no liability to you.
Upon termination, you shall immediately destroy any Content in your possession, if any, and cease use of the Services. Sections 4, 6, 10, 11, 12, and 13 of these Terms shall survive termination.
5. Access to APIs
The Services may include access to application programming interfaces (“APIs”). You acknowledge and agree that More Customers NOW may, in its sole discretion, limit, throttle, suspend or terminate your access to or usage of APIs, or change any of the API specifications, protocols, or methods of access for any or no reason, and More Customers NOW will bear no liability for such decisions. It is solely your responsibility at all times to backup your data and to be prepared to manage your accounts and conduct your business without access to the APIs.
MORE CUSTOMERS NOW DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT ANY APIs WILL BE AVAILABLE WITHOUT INTERRUPTION OR WITHOUT BUGS.
6. Customer Reference
You agree that we can use your company name and logo in connection with marketing and promoting the Services.
7. Customer Data Confidentiality
Confidential customer data is the property of the customer. More Customers NOW will not use personally-identifiable confidential data without prior customer consent. More Customers NOW may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.
The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: http://www.morecustomersnow.com.au/privacy-policy.
8. User Submitted Materials
More Customers NOW does not claim ownership of the materials you provide (other than suggestions, feedback and information relating to the Services as provided above) or post, upload, input or submit through the Services (collectively "Submissions") or works specifically created by More Customers NOW for you. By posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies, and our sub-licensees, permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. Links To Third Party Sites
The Services may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.
10. Disclaimers; Limitations of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES. MORE CUSTOMERS NOW AND/OR OUR LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MORE CUSTOMERS NOW AND/OR OUR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MORE CUSTOMERS NOW AND/OR OUR LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MORE CUSTOMERS NOW TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND SECURITY OF THE INFORMATION THAT YOU PROVIDE TO US OR THAT YOU COLLECT OR SUBMIT WHILE USING THE SERVICES. THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. MOREOVER, BECAUSE NO SYSTEM CAN BE 100% SECURE, WE DISCLAIM ALL WARRANTIES REGARDING THE SECURITY OF THE SERVICES. IN NO EVENT WILL WE BE LIABLE IN ANY WAY IF INFORMATION THAT YOU PROVIDE TO US OR COLLECT THROUGH THE SERVICES IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR AUTHORISATION OR CONSENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MORE CUSTOMERS NOW AND/OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MORE CUSTOMERS NOW OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF MORE CUSTOMERS NOW, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MORE CUSTOMERS NOW IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF MORE CUSTOMERS NOW AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF TWO THOUSAND DOLLARS ($2,000.00) OR THE TOTAL AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES IN THE TWO MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MORE CUSTOMERS NOW WOULD NOT PROVIDE THE SERVICES TO YOU.
11. Indemnification
You agree to indemnify and hold More Customers NOW (and its officers, directors, employees, agents, affiliates, and licensors) harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of (a) your use of the Services; (b) your noncompliance with or breach of any of these Terms, (c) your use of Flash Cookies, or (d) the unauthorised use of the Services by any other person using your user information. At More Customers NOW’s option, you shall assume control of the defence and settlement of any Claim subject to indemnification by you (provided that, in such event, More Customers NOW may at any time thereafter elect to take over control of the defence and settlement of any such Claim, and in any event, you shall not settle any such Claim without More Customers NOW’s prior written consent).
12. General
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Victoria, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Melbourne, Victoria, Australia in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
More Customers NOW’s provision of the Services is subject to existing laws and legal process, including our rights and obligations to cooperate and comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise expressly stated herein, these Terms constitute the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and More Customers NOW with respect to the Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
13. Notices
The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of the Services, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.