Terms & Conditions – GopherHub Marketing

TERMS OF SERVICE
Acknowledgement of Terms. Please read this page carefully.
By using the GopherHub Marketing (formerly WelcomeLinks Marketing Services, CustomerEclub.com) including accessing this Web Site, you (sometimes also referred to as a “User” or “Customer”) agree that you have read and understand these Terms and Conditions and the additional agreements on this Web Site, including the Privacy Policy (collectively, the “Agreement”), and that your use of the Services, including accessing this Web Site, will be in accordance with the Agreement.

We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

Customer Eligibility
GopherHub Marketing supports the privacy protection needs of children and does not intend to collect any personally identifiable information from children. User represents to us that he or she is 18 years of age or older. If you do not qualify, do not use the Services. WLM CustomerEclub may, at its sole and absolute discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, refuse to permit a User’s continuing use of the Services.

Role of WelcomeLinks Marketing CustomerEclub
WelcomeLinks Marketing CustomerEclub provides a venue for consumers and establishments to develop mutually beneficial business relationships. The Services related to this Web Site that WelcomeLinks Marketing provides include administration of a localized permission email program on behalf of establishments. As such, WelcomeLinks Marketing is neither a principal interested in any transactions, nor an agent of either the consumers or the establishments. Because WelcomeLinks Marketing is not a party to any transaction between a consumer and an establishment, it does not make, and should not be construed as having made, any representation or warranty of any kind including, but not limited to, any representation or warranty concerning (i) the quality, safety, or legality of any offerings advertised; (ii) the truth or accuracy of any representations made or any Information provided such as with respect to any offering, User or business; (iii) the ability of an establishment to complete a sale in accordance with the offering or otherwise, or in accordance with any additional offering; or (iv) the ability of a consumer to complete or pay for a purchase.

Release. In the event of any dispute regarding any transaction between a consumer and an establishment conducted through use of the Services (a “Dispute”), you agree that WelcomeLinks Marketing shall have no liability to you, based on its role described in the paragraph above. You hereby release WelcomeLinks Marketing, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. If you are a California resident, you waive the application of California Civil Code ß1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

User Conduct.
You represent, warrant and covenant that:
1.Your use of the Services including the providing of any Information shall not:
a. Be false, inaccurate, misleading or incomplete, and you shall immediately correct any Information that is not accurate, reliable, legal or complete;
b. Infringe upon any third party’s copyright, patent, trademark, or trade secret rights; or rights of publicity or privacy; or other proprietary rights;
c. Be fraudulent;
d. Violate any local, municipal, state, provincial, national, regional, international or other law, statute, ordinance or regulation (each a “Law” and collectively “Laws”), including without limitation those governing export control, consumer protection, sending unsolicited email or “spam”, unfair competition, anti-discrimination, false advertising, U.S. or international embargo or United Nations resolution with respect to any embargo;
e. Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
f. Be obscene or indecent;
g. Create liability for WelcomeLinks Marketing nor cause it to lose in whole or in part the services of its vendors, suppliers, or any other third party; h. Involve any collusion with any other User;
i. Contain any viruses, “Trojan horses,” “worms,” “time bombs,” “cancelbots” or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
j. Attempt to violate or violate the security of this Web Site, including accessing data not intended for you or logging into a server or account you are not authorized to access, or attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures.

2. You shall provide your own access to the World Wide Web and pay any service fees associated with such access, and provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.

Disclaimer of Warranties
Neither GopherHub Marketing CustomerEclub, nor it’s affiliates, nor any of the officers, directors, employees, agents, licensors, or the like, warrant that GopherHub Marketing & CustomerEclub Services will be uninterrupted or error free, or that the content is free from viruses or other harmful components; Nor do they make any warranty as to the results that may be obtained from use of WLM CustomerEclub Customer Eclub. WLM CustomerEclub provides services on an “as-is” and “as available” basis.

Limitation of Liability
Under no circumstances shall WelcomeLinks Marketing or any other party involved in creating, producing, or distributing WLM CustomerEclub services be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use, or the inability to use, the WLM CustomerEclub Email Marketing System. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WLM CustomerEclub has been advised of the possibility of such damage. This exclusion and limitation of liability shall include, but not be limited to, reliance by a customer on any information obtained from WelcomeLinks Marketing that results in damage to the customer’s computer system or web service including: deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance. This exclusion and limitation of liability includes any and all damage that may occur to customer’s computer system, web service or server as a result of the services provided by WelcomeLinks Marketing to the customer.

In no event shall WelcomeLinks Marketing liability under this agreement ever exceed the amounts actually received by WelcomeLinks Marketing from the customer. Some Jurisdicitions do not allow the exclusion or limitation of incidental or consequential damages, WLM CustomerEclub liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
Customer shall defend, indemnify, and forever hold WelcomeLinks Marketing, its owners, shareholders, partners, members, affiliates, subsidiaries, officers, directors, employees, agents, providers, contractors and their heirs, successors and assigns, free and harmless from and against any and all actions, claims, liabilities, assertion of liabilities, losses, costs and expenses whatsoever, including, but not limited to, attorney fees, that any such parties may incur or be exposed to by reason of Customer’s use or misuse of this service and the services provided herein.

This indemnification shall extend to and apply to any and all such actions, claims, assertion of liabilities, losses, costs and expenses whatsoever, including, but not limited to, attorney fees, whether brought against WLM CustomerEclub by Customer or third parties due directly or indirectly to the Customer’s use or misuse of WLM CustomerEclub Services provided herein.

Choice of Law and Forum
WelcomeLinks Marketing in the State of Ohio. As such, the laws of the State of Ohio will govern this Terms and Conditions of Use Agreement, without giving effect to any principles of conflicts of law. Customer hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts of the State of Ohio and the United States of America located in the State of Ohio for any litigation arising out of, or relating to, use of WelcomeLinks Marketing Services (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Ohio courts, and agrees not to plead or claim in any Ohio court that such litigation brought therein has been brought in an inconvenient forum.

Severability
The provisions of these Terms and Conditions of Use are intended to be severable. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Unless specified herein, this agreement constitutes the entire agreement between Customer and WelcomeLinks Marketing with respect to the terms and conditions of service. This agreement supersedes all prior and contemporaneous communications and proposals (whether written, oral or electronic) between Customer and WelcomeLinks Marketing

Termination
Customer may terminate the WLM CustomerEclub Email Service Agreement (in writing) 15 days before the Customers next month of service date, by stating that Customer no longer wishes to renew the WLM CustomerEclub Email Service Agreement under the same terms. Customer may terminate initial Agreement in the event that the Customer undergoes a bankruptcy or insolvency proceeding, or an assignment for the benefit of creditors which must be submitted to WLM CustomerEclub in writing.

Upon the expiration or termination of the Agreement, the parties will return all confidential information of the other party in their possession (If requested in writing). All payment obligations of Customer shall survive expiration or termination of the Agreement, as shall the parties’ rights and obligations. GopherHub Marketing CustomerEclub reserves the right, in its sole discretion, to terminate Customer’s access to all or part of this service, and to terminate Customer’s account upon giving Notice to Customer. Notice will be given either via email or in writing.

You agree by using GopherHub Marketing CustomerEclub Email, not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose other than as provided herein, any portion of CustomerEclub Program.

Term and Level of Service
The term shall commence on the Effective Date indicated in Customer’s signed Service Agreement contract and shall continue for an initial four month period under obligation, and thereafter on a month to month basis. The term shall automatically renew for each month unless, within 15 days of the end of any term, customer notifies (in writing) WelcomeLinks Marketing of its decision to terminate the Agreement.

Assignment
This Terms and Conditions of Use Agreement is not assignable or transferable by Customer without the prior written consent of WelcomeLinks Marketing

Announcements and Design
Customer agrees that WLM CustomerEclub may list Customer as a “Customer” of WLM CustomerEclub in press materials (online/offline), and may also display Customer’s corporate logo or any pictures, images, copy, verbiage, and “look and feel” from Customer’s website to brand WelcomeLinks Marketing Services.