The term begins when you signup to RedCappi and register. By clicking the button “I agree,” this means that you have read, understand and agree to the terms. Subscription fees will then be billed monthly from that moment on, even if you are not actively using the product and/or if you have yet to send any email campaigns and/or if your account is pending our internal glance-over for sending approval.
Subject to the Terms and Conditions of use as set forth herein, I hereby represent, acknowledge and agree to be bound by the specific provisions below:
I agree that I am at least eighteen (18) years old and that my use does not violate any laws or regulations;
I agree to check for updates to the Terms and Conditions of use, as they may have changed since my last visit to the website;
I acknowledge and understand that RedCappi products and services may only be used for lawful purposes;
It is my responsibility to contact RedCappi in writing with my notice of cancellation of services. IF I DO NOT GIVE REDCAPPI SUCH WRITTEN NOTIFICATION, REDCAPPI WILL ASSUME THAT I AM SATISFIED WITH AND ACCEPT ALL PRODUCTS AND SERVICES AND I WILL BE BILLED ACCORDINGLY.
I agree that I will maintain a current and complete backup of my own content and data at all times.
I acknowledge and understand that the Email Marketing product and service will be subject to recurring monthly subscription fees once I have exceeded the free 100 contact limit. Please refer to the Pricing section for details;
I agree not to access or otherwise use third party mailing lists or otherwise prepare or send unsolicited email;
- I agree that I am the sole “sender,” as per the CAN-SPAM Act, of any and all email messages sent using RedCappi; Similarly, for messages sent to Canadian email accounts, you agree that you are the sole person sending or causing or permitting the message to be sent by you using RedCappi, as per Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (“Canada’s Anti-Spam Legislation”).
- I agree that the “from” and “subject” lines of any of my email messages sent will accurately and in a non-deceptive manner identify my organization, product and/or services and that I will not impersonate any other person, whether actual or fictitious.
I agree to include a valid postal and internet address in every email message that I send;
I agree to include an “unsubscribe” link in every email message that I send allowing the recipient to remove themselves from my mailing list;
I acknowledge and understand that NOT ALL email messages MAY BE RECEIVED by their intended recipients and/or email messages scheduled to go out at a later time may not be sent out at the exact time requested, although RedCappi will make its best efforts to get close to the scheduled time.
RedCappi monitors all services for integrity preservation and continued availability. RedCappi accounts require a username and password to log in. We follow industry-recognized standards governing security and reasonable measures to maintain the security of your personal and credit card information. Even so, technical mistakes are possible. No data transmissions over the Internet are 100% secure and we do not promise or warrant the security of any information you transmit to us and you do so AT YOUR OWN RISK.
Username and Passwords
The confidentiality of customer accounts, passwords, and files remains the responsibility of the customer. RedCappi disclaims responsibility for any abuse of a customer account by way of misuse of username and password or other account identifying information. You are expected to immediately notify RedCappi in writing in regards to any breaches of security. RedCappi disclaims any and all liability for any loss or damage from your failure to comply with this security obligation.
At RedCappi, we respect our customers and make every effort to ensure the privacy and ongoing security of our customers, including personal account and credit card information, subscriber details or contact lists. RedCappi will never sell, borrow or rent your information or contact lists to anyone without your permission, and will never utilize your contact list for promotional purposes or for any purpose other than providing the service. However, RedCappi may share account or other information when it believes that it is necessary to comply with law or to protect our interests or property. Moreover, some communications (e.g. important account notifications and billing information) are considered transactional and are necessary for all RedCappi customers.
Your Information Collected We collect information from you when you register on our site. When registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
Reviewing Your Email Campaigns and Website Content RedCappi will occasionally review your email campaigns to ensure compliance with our Terms and Conditions and in an overall effort to reduce SPAM being sent via our servers. Generally, most new accounts sending their very first email campaign will undergo an initial “once-over” to make certain everything from content, to setup, to contact lists check out. Although RedCappi has no obligation to monitor the contents of your email campaigns, we reserve the right to reject, alter, modify, suspend or terminate your account or any content (including, but not limited to, contact lists, text, designs, drawings, images, symbols, or logos), without notice at any time for any or no reason, which RedCappi deems in its sole discretion, to be improper, illegal, in contravention of SPAM laws or otherwise in breach of these Terms and Conditions. In no case will such monitoring or related action make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
A. Refer a Friend If you want to refer a friend to RedCappi, we will ask you for your friend’s email address and then send a one-time email inviting them to visit our website.
MODIFICATIONS & REVISIONS
RedCappi reserves the right to correct any errors, inaccuracies and/or omissions and to modify information at any time WITHOUT prior notice. Our fees are subject to change at any time in our sole discretion. All changes become effective immediately upon being posted on our website. RedCappi reserves the right to cancel or refuse services to anyone based on inaccurate or outdated information.
PRICING PLANS AND PAYMENT
Our offerings include recurring monthly subscription fees and pre-payment options. You agree that RedCappi may automatically charge the applicable fees to your payment method at the beginning of each recurring period.
Email Marketing Plan Once you have exceeded the free 100 contact limit, you will be subject to recurring monthly subscription fees. The fees are based on the highest number of contacts in your account at any time during the previous month. Each unique email address will count as one (1) contact. For any month for which you have already paid, for which you increase your number of contacts that causes you to enter a higher pricing level, you will be required to pay at the higher level before the date payment is due for the following month’s services. As such, we will charge you the difference between what you have already paid and prorate the remainder of the month at the higher price plan.
Payment By becoming a RedCappi customer, you hereby acknowledge and agree that all recurring monthly, semi-annual or annual fees referenced in these Terms and Conditions are to be billed on an ongoing basis until RedCappi services are terminated in accordance with RedCappi’s Termination Policy. All payments must be made in advance, otherwise, RedCappi services will be disabled until payment is received. All fees are payable in U.S. dollars and are NON-REFUNDABLE. RedCappi is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where RedCappi maintains a physical presence. We determine your local taxing jurisdiction based on the billing address that you list in the “My Account” section of your RedCappi account. You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of this website or the Products, excluding taxes based on net income payable by us.
Fees May Change Anytime Our fees are subject to change at any time in our sole discretion. All changes become effective immediately upon being posted on our website. RedCappi reserves the right to cancel or refuse services to anyone based on inaccurate or outdated information.
No Refunds There are NO REFUNDS for any fees paid. If you have already made payment for any given month, and you terminate your account at some point during the same month, for which you have already paid, there will be no refunds of amounts already paid, only no new recurring charges made to your credit card. RedCappi will also not refund fees charged to your account and credit card as a result of your failure to properly terminate your account in accordance with these Terms and Conditions.
Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer’s payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked. Payments for Fees and reimbursements for expenses, if any, will be billed monthly and will be due immediately upon receipt of invoice; or may be pre-paid in advance;
We may for any reason whatsoever and at our sole discretion, elect to release your campaign to only a portion of your list and not to the entirety for any reason we deem fit and appropriate (i.e. the slow release your campaign to test response, bounces, complaints & boost deliverability, application of filters, etc.). There are no refunds in such scenario. However, we may, at our sole discretion, but are not obligated to, offer a pro-rata portion of your monthly prepayment based on the number of contacts actually sent to, at one cent ($0.01) per email sent for a sum total not exceeding the total monthly fee.
RedCappi’s Anti-Spam Policy tolerates only permission-based email. Our products and services may not be used for the sending of spam. All messages sent by means of RedCappi products and services shall be in compliance with our Anti-Spam Policy, the CAN-SPAM Act and regulations thereunder and all other applicable U.S., state, local and international laws in your jurisdiction (including but not limited to Canada’s Anti-Spam Legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws).
What is SPAM? Email SPAM, also known as junk email or unsolicited bulk email (UBE), involves sending identical, unsolicited, bulk email messages to numerous recipients via email.
The CAN-SPAM Act: The Bureau of Business Protection Business Center has set forth a Compliance Guide for Business, with a rundown of CAN-SPAM’s main requirements:
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
What happens if you SPAM or attempt to send SPAM? Since spamming is against our service agreement, our Terms and Conditions and Anti-Spam policy, any customer found to be using RedCappi for spam will have their account terminated and absolutely NO REFUNDS will be issued. We might charge you additional fees if your spamming causes an ISP (Internet Service Provider) filter/block resulting in service interruptions for other RedCappi customers. Such additional fees may include $100 penalty for each resulting spam complaint.
Complaints: You are responsible for ensuring that (1) your emails do not generate a number of spam complaints in excess of industry norms, and (2) for making sure that you do not host inappropriate, unauthorized, illegal or infringing website content. RedCappi, in its sole discretion, shall determine whether your level of complaints warrants cancellation of services and RedCappi reserves the right to suspend or terminate your account as such.
Abuse Desk: We take spam complaints very seriously. If you feel that you have received spam by way of RedCappi, please tell us about it at firstname.lastname@example.org. Make sure to forward us the email you are reporting and explain why you feel it is spam.
Every email message sent must contain an “unsubscribe” link that allows recipients to remove themselves from your mailing list, as well as, both (a) a link to RedCappi’s current Privacy Statement and (b) a non-Internet contact information of the sender, such as your company physical address or phone number.
You shall monitor and process unsubscribe requests received by you directly within ten (10) days of submission, and update the email addresses to which messages are sent through your RedCappi account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for honoring the list of unsubscribe requests following termination of your RedCappi account.
For every email message sent using RedCappi, you agree to the addition of the terms, “Powered by RedCappi” as an identifying footer. All emails must contain non-Internet contact information of the sender, such as your company’s physical address or phone number.
RedCappi prohibits the use of its products, services and website by any person/entity that:
accesses or otherwise uses third part mailing lists or otherwise prepares or sends unsolicited commercial emails;
provides, sells, offers to sell or contains content that is unlawful or illegal in the location at which the content is posted and/or received;
- interferes with or disrupts the RedCappi website or servers or networks connected to it;
- restricts or inhibits or prevents any other user from enjoying and using the RedCappi website or services;
provides, sells or offers to sell nude, obscene, pornographic or illicitly pornographic products, adult novelty services or related content;
displays or markets material that exploits children under 18 years of age;
provides, sells, or offers to sell or contains content that is defamatory, harassing, libelous and/or grossly offensive;
offers promoting betting, gambling or gambling-related concepts;
provides, sells or offers to sell “get rich quick” or making money online concepts;
provides, sells or offers to sell “build your credit” or “alleviating debt” concepts;
provides, sells or offers to sell dating or escort services;
provides, sells or offers to sell pharmaceutical products;
provides, sells or offers to sell stocks, stock market related and trading concepts;
provides, sells or offers to sell any type of supplement, including but not limited to, nutritional and herbal supplements and vitamins;
promotes nightclubs, DJ’s, club promotions and club related concepts;
provides, sells or offers to sell multi-level pyramid schemes and referral marketing used for recruiting and networking;
provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner;
infringes on the intellectual property rights of others, including without limitation, copyrights, trademarks, patents, trade secrets, rights of publicity, privacy and domain registration rights;
contains affiliate links to third party sellers who have not approved you into their affiliate programs, or contains hypertext links to third party websites without their express written consent;
uploads, publishes, posts, distributes or disseminates any files that contain viruses, malware, corrupted files or the like intended to damage another’s computer;
lists rental services or list brokers;
collects, gathers, posts or discloses personal and private information about others without their consent; including children under 18 years of age without their parents’ consent;
provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
RedCappi products and services are only to be used in compliance with these Terms and Conditions, the federal CAN-SPAM Act of 2003 and all other applicable U.S., state, local and international laws.
The above list is not exhaustive and is not limited to the bulleted points referenced herewith. Any content we deem inappropriate or compromising of our deliverability for other RedCappi users will be disallowed.
RedCappi prohibits the misuse of its services by any anyone that intentionally deletes email contacts and adds new unique email addresses, in order to send to more email contacts than are permissible within their current price plan, or otherwise tries to manipulate data in an attempt to circumvent our billing procedures. The system keeps count of the highest list total within any given month to determine your monthly plan – so you will not be able to exploit the system by deleting a list of unique contacts previously emailed using RedCappi, in order to avoid a higher price plan or to circumvent our billing procedures.
RedCappi also prohibits the setting up of multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise.
In the event an account is determined to be engaging in such exploitative prohibited use, at RedCappi’s sole discretion, said account will be subject to suspension, termination and/or additional fees. In no case will such actions make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable. Additional fees may include assignment of the correct current price plan charges, as well as, an additional $100 penalty for each resulting spam complaint.
COMPLIANCE WITH LAWS, REGULATIONS & INTERNATIONAL USE
The RedCappi website and services shall only be used for lawful purposes and only in compliance with these Terms and Conditions, the CAN-SPAM Act and regulations thereunder and all other applicable U.S., state, local and international laws in your jurisdiction, including but not limited to:
Canada’s Anti-Spam Legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws;
laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services;
laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards;
- laws that govern lotteries, sweepstakes, contests and promotions
- laws that govern the collection of donations and charitable giving
In recognition of the global nature of the Internet, you agree to comply with all local rules, regulations and laws where you reside or your organization is located regarding online activities and sending emails. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. You’re responsible for determining whether our Services are suitable for you to use in light of any laws and regulations that apply to you.
RedCappi makes no representation that our platform is appropriate, allowable or available for use in other locations. Those who access our services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations, and RedCappi will not be liable if our services don’t meet those requirements applicable to you specifically.
EUROPEAN ECONOMIC AREA
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending emails via RedCappi, and collecting information as a result of sending emails, you:
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through RedCappi.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow RedCappi to and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
For the purposes of European Directive 95/46/EC and applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the data controller, and we are a data processor. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law.
CANADA’S ANTI-SPAM LEGISLATION
Canadian Anti-Spam Law (CASL) is now in effect as of July 1, 2014.
CASL regulations apply to any “Commercial Electronic Message” (CEM) sent from or to Canadian computers and devices in Canada.
A CEM is any message that:
is in an electronic format, including emails, instant messages, text messages, and some social media communications;
is sent to an electronic address, including email addresses, instant message accounts, phone accounts, and social media accounts; and
contains a message encouraging recipients to take part in some type of commercial activity, including the promotion of products, services, people/personas, companies, or organizations.
These types of electronic messages are exempt from CASL, thus, if your message does not meet one of these criteria below, consent is required under CASL.
Messages to family or a person with established personal relationship.
Messages to an employee, consultant, or person associated with your business.
Responses to a current customer, or someone who has inquired in the last six months.
Messages that will be opened or accessed in a foreign country, including the U.S., China, and most of Europe.
- Messages sent on behalf of a charity or political organization for the purposes of raising funds or soliciting contributions.
- Messages attempting to enforce a legal right or court order.
- Messages that provide warranty, recall, safety, or security information about a product or service purchased by the recipient.
- Messages that provide information about a purchase, subscription, membership, account, loan, or other ongoing relationship, including delivery of product updates or upgrades.
- A single message to a recipient without an existing relationship on the basis of a referral. The full name of the referring person must be disclosed in the message. The referrer may be family or have another relationship with the person to whom you’re sending.
IMPLIED VS. EXPRESS CONTENT
Implied Consent: Implied consent includes when:
A recipient has purchased a product, service or made another business deal, contract, or membership with your organization in the last 24 months;
You are a registered charity or political organization, and the recipient has made a donation or gift, has volunteered, or attended a meeting organized by you; or
A professional message is sent to someone whose email address was given to you, or is conspicuously published, and who hasn’t published or told you that they don’t want unsolicited messages.
Express Consent: Express consent means written or oral agreement to receive specific types of messages. If your recipients don’t meet any of the above criteria, then express consent is required before you can send campaigns to them.
Express consent is only valid if the following information is included with your request for consent:
A clear and concise description of your purpose in obtaining consent
A description of messages you’ll be sending
Requestor’s name and contact information (physical mailing address and telephone number, email address, or website URL)
- A statement that the recipient may unsubscribe at any time.
The requestor can be you or someone for whom you’re asking. If you’re requesting consent on behalf of a client, the client’s name and contact information must be included with the consent request.
During the transition period, July 1, 2014-July 1, 2017, you may continue to send messages to recipients from whom you have implied consent, unless they unsubscribe.
Some Things to Keep In Mind
Some of RedCappi’s Terms and Conditions continue to be more stringent than CASL.
Customers must have made a purchase within the last 12 months. Inquiries without a purchase don’t count as permission.
Family members and friends still need to provide written permission.
Nonprofit organizations, political groups, and courts still need to secure written permission from recipients.
- Referrals and published email addresses are considered third-party, and therefore, not allowed.
- Oral agreement to receive messages does not qualify as permission.
Retain a hard copy record of consent confirmations.
Family members and friends still need to provide written permission.When requesting consent, checkboxes cannot be pre-filled to suggest consent. Each subscriber must check the box themselves for consent to be valid.
All messages sent must include your name, the person on whose behalf you are sending (if any), your physical mailing address and your telephone number, email address, or website URL.
- All messages sent after consent must also include an unsubscribe mechanism, and unsubscribes must be processed within 10 days.
- The Canadian Radio-Television and Telecommunications Commission’s also set up an FAQ page and some guidelines for obtaining consent.
Copyright © 2014. RedCappi, Inc. All rights reserved. Except as permitted under a separate written agreement with RedCappi, neither the RedCappi software, nor any content that appears on any RedCappi site, including but not limited to, our platform, web pages or templates may be reproduced, republished, repurposed, or distributed without the prior written permission of RedCappi.
NO RIGHTS IN SOFTWARE
This is a contract for products and services and DOES NOT grant any license to any software. You understand and acknowledge that you will not (1) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source or object codes, or the underlying structures, ideas, or algorithms of our products, software, or related data; (2) or copy, distribute, assign or otherwise transfer rights to our software or the like.
- No Refunds:
Either party may terminate this contract for products and services at any time for any reason. There are NO REFUNDS for any fees paid. If you have already made payment for any given month, and you terminate your account at some point during the same month, for which you have already paid, there will be no refunds of amounts already paid, only no new recurring charges made to your credit card.
- Request to Terminate in Writing:
You are responsible for terminating your account. You may terminate this contract at any time via written request to email@example.com. RedCappi shall have no liability to you or any third party because of such termination. RedCappi will not refund fees charged to your account and credit card as a result of your failure to properly terminate your account in accordance with these Terms and Conditions.
- Right to Terminate:
RedCappi reserves the right to terminate your account without notice at any time for content or activity that it deems in its sole discretion, to be improper, illegal, in contravention of SPAM laws or otherwise in breach of these Terms and Conditions. In no case will such actions make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
- Availability of Archived Data Following Termination:
RedCappi may immediately delete any of your archived data following termination of your account. RedCappi may terminate all free accounts that have not been logged into for 30 days or more and immediately delete any of your archived data following said termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for honoring the list of unsubscribe requests following termination of your RedCappi account. Also following termination, should you want to retain your data for your own records, it is recommended that you export your contact lists and campaign stats.
You hereby acknowledge and agree to defend, indemnify and hold harmless RedCappi and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any action that (i) arises from any alleged breach of this contract, or (ii) otherwise arises out of or relates to your use of RedCappi products and services. You also acknowledge and agree that RedCappi has the right to seek damages when its products and services are used for an unlawful purpose or manner, and/or in any manner inconsistent with these Terms and Conditions, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Products, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
All use of RedCappi products and services is provided, “AS IS” and “WITH ALL FAULTS.” RedCappi makes NO REPRESENTATIONS OR WARRANTIES of any kind, including express, implied or non-infringement. USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK.
REDCAPPI DOES NOT MAKE ANY WARRANTY AS TO SECURE, UNINTERRUPTED, TIMELY OR ERROR FREE PRODUCTS OR SERVICES;
REDCAPPI DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED FROM USE OF ITS PRODUCTS AND SERVICES OR THAT SUCH PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS;
REDCAPPI DOES NOT GUARANTEE THAT ALL HTML MESSAGES WILL BE RENDERED PROPERLY ON RECIPIENTS’ EMAIL PROGRAMS, DUE TO THE WIDE VARIETY OF HTML GENERATION TOOLS ACCESSIBLE;
REDCAPPI DOES NOT WARRANT OR GUARENTEE THAT COMPLIANCE WITH OUR OCCASIONAL BLOG CONTENT AND TIPS ON THE BEST PRACTICES IN COMPLYING WITH APPLICABLE SPAM LAWS CONSTITUES LEGAL ADVICE OR FORMS AN ATTORNEY-CLIENT RELATIONSHIP AND IS NOT SUFFICENT TO COMPLY WITH YOUR OBLIGATIONS HEREUNDER, UNDER APPLICABLE LAW OR WITH THIRD PARTY RIGHTS;
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PRODUCTS IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES (INCLUDING YOUR EMAIL AND/OR SOCIAL NETWORKING PROVIDERS), AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF THE SAME;
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (i) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, (ii) ANY CONTENT PROVIDED BY ANY THIRD PARTY OR (iii) ANY EVENT HOSTED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PRODUCTS OR OBTAINED FROM A THIRD PARTY.
Your sole and exclusive remedy for any failure or nonperformance of our products and services shall be for RedCappi to use commercially reasonable efforts to maintain, adjust or repair its products and services.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILTY RELATED TO ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING OUR PRODUCTS AND FROM ANY CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL REDCAPPI OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF REDCAPPI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE).
In no event will RedCappi be liable for any damages (including without limitation, direct or indirect, special, incidental, or consequential), loss of data or other harm to business arising out of or in connection with any failure of performance, error, omission, interruption, defect, restriction or loss of access, delay, misdelivery or nondelivery of information, or computer virus/bugs. You are responsible for maintaining a current and complete backup of your content and data that may reside on the RedCappi platform and re-creating any such information you email at your own expense.
RedCappi is not liable for any content, including images and documents, that infringes on the intellectual property rights of others, including without limitation, copyrights, trademarks, patents, trade secrets, rights of publicity, privacy and domain registration rights, or that include any obscene or libelous material or any other material that violates any applicable law or regulation;
No agency, partnership, joint venture, employment, association or affiliation is created as a result of this contract. RedCappi will not be a party to or in any way become involved in any transaction between customer and third-party purchasers of products and services offered by customer;
RedCappi disclaims any and all responsibility for any content, goods and services sold by any customer or otherwise available through their website;
- Liquidated Damages:
In the event that, notwithstanding the foregoing, RedCappi is found liable for damages by a court of law or the like, RedCappi’s maximum aggregate liability shall be limited to the amount customer paid for RedCappi products and services in the twelve (12) months prior to the accrual of the claim, less any damages previously paid by RedCappi within the same twelve (12) months, and customer agrees that this is the sole and exclusive remedy under this contract.
- Attorney’s Fees:
In any action or proceeding to enforce rights under this contract, the prevailing party will be entitled to recover its costs and attorneys’ fees.
COMPLETE & ENFORCEABLE CONTRACT
This contract is the complete and exclusive statement of the mutual understanding between RedCappi and you, and it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this contract, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
If any portion of this contract is deemed to be invalid or unenforceable pursuant to a court of law or the like, the remainder of the agreement shall continue in full effect and an enforceable provision closely matching the intent of the original provision will replace the invalid or unenforceable provisions.
CONSENT TO JURISDICTION AND FORUM SELECTION
- Choice of Venue
The parties hereto agree that all actions or proceedings arising in connection with this contract shall be tried and litigated exclusively in the State and Federal courts located in the City of Chicago, State of Illinois. This choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this contract in any other jurisdiction.
- Waiver of Forum Non-Conveniens & Venue
Each party hereby waives any right it may have to assert the doctrine of Forum Non-Conveniens or similar doctrine or to object to Venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the City of Chicago, State of Illinois shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this contract.
- Personal Jurisdiction & Service of Process
Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this contract.
- Binding Final Judgment
Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.