These terms and conditions ("AGREEMENTS") for the CampaignCog service ("SERVICE") constitute a legally binding agreement between the service provider ("CampaignCog") and you ("YOU").
These terms and conditions are the complete and exclusive statement of the terms and conditions regarding use of the service.
The SERVICE is provided to individuals who are at least 18 years old or those who have parental permission to open and maintain an account. YOU are responsible for and must provide all equipments (including internet access) required for access to and use of the SERVICE. CampaignCog reserves the right at any time and from time to time to modify, restrict or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice.
Certain aspects of the SERVICE may require YOU to first create an account, obtain a login name and password. YOU must provide accurate, complete and current information, and must update this information promptly if it changes. Failure to do so shall constitute a breach of these AGREEMENTS, which may result in immediate termination of YOUr account.
YOU are solely responsible for maintaining the confidentiality of YOUr login name and password. YOU must immediately notify CampaignCog of any unauthorized use of YOUr login name and YOU are responsible for any unauthorized activities, charges and/or liabilities made on or through YOUr login name until we receive such notification. YOU may not transfer or lend login names to any third party.
YOU may terminate YOUr account at any time, with or without cause. CampaignCog may suspend or terminate YOUr account, without notice, in the event of any breach by YOU of these AGREEMENTS. Suspension or termination of YOUr account means that YOU will no longer have access to the SERVICE. Neither CampaignCog nor its providers shall be responsible for any consequences of such lack of access. The provisions of these AGREEMENTS will survive the suspension or termination of YOUr account.
YOU agree that YOU will not (i) use the SERVICE to violate any local State, Federal or international law or regulation or encourage conduct that would constitute such a violation or give rise to a civil liability; (ii) interfere with or infringe any intellectual or proprietary rights of any other party, including, for example, copyrights, trademarks, service marks, and patents; (iii) interfere with the ability of other users to access or use the SERVICE; (iv) interfere with or disrupt the SERVICE, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (v) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the SERVICE; (vi) transmit, or otherwise facilitate the transmission by anyone, of unsolicited, erroneously labeled and/or intentionally deceptive e-mail messages (e.g., "spam" or "junk mail"); (vii) copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the SERVICE, including content, in whole or in part; or (viii) "mirror" the SERVICE or any content on any other server.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER OPERATOR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, SUPPLIERS, DISTRIBUTORS, OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
IN NO EVENT WILL CampaignCog OR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, SUPPLIERS, DISTRIBUTORS, OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY OR ATTRIBUTED TO "ACTS OF GOD", COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONAL RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK. IN NO EVENT SHALL CampaignCog OR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES. IN NO EVENT WILL CampaignCog OR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, OR SUBCONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.
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