PLEASE READ THESE MARKETPLACE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE MARKETPLACE. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS. BY ACCESSING THE MARKETPLACE OR USING THIS WEBSITE OR THE CONSTANT CONTACT PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE THE MARKETPLACE.
Last revised July 2016
These Constant Contact MarketPlace Terms and Conditions of Use of Constant Contact, Inc. ("Constant Contact," "we," or "us"), together with the Constant Contact Website and Products Terms and Conditions of Use and the Constant Contact Privacy Statement (collectively, the "Terms"), govern your use of Constant Contact's MarketPlace (the "MarketPlace"). These Terms describe the permitted and prohibited uses of the MarketPlace, among other things. Your access or use of the MarketPlace in any way evidences your acceptance of the then current version of these Terms, and any related rules and guidelines. We reserve the right to modify these Terms at any time and without notice, effective upon posting of the modified Terms on the MarketPlace or our other websites. Your access to or use of the MarketPlace after such posting or notification constitutes your acceptance of such modifications. Your violation of these Terms may result in the suspension or termination of your access or use of the MarketPlace.
We are not responsible for and do not endorse, support or otherwise approve of any products or services promoted at or made available through the MarketPlace. Messages, promotional materials, feedback, reviews and other content, including images and videos, and any product or service offerings themselves posted to the MarketPlace by MarketPlace merchants and providers or by MarketPlace users (the "Third Party Materials") are solely the opinion and responsibility of the person posting the same.
We have the right (but not the obligation), (a) to pre-screen or review any product or service on the Marketing and remove the same from the MarketPlace and (b) to monitor and edit or remove any activity or content on the MarketPlace for any reason in our sole discretion. Unless otherwise required by applicable law, we have no duty to correct any false, misleading or erroneous statements or content of any third party on any part of the MarketPlace.
The MarketPlace is intended to provide our customers with the opportunity to become aware of and review products and services that such customers may find helpful. Vendors in the MarketPlace may include individuals, businesses and non-profits, small businesses, subject matter experts and novices. As a result, some postings or product and service offerings could reflect considerable technical experience and insight, while others might not. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) various product and service offerings and postings in the MarketPlace.
Participants may post hypertext links to content hosted and maintained by third parties to the MarketPlace. We do not moderate or control these linked sites, and are not responsible for them. Your access to any linked sites and use of any content found at such sites is at your own risk, so you should use good judgment before you click on any link or access any linked site.
Advertisement, in the body of postings may be permissible if it is an appropriate product or service for our customers.
The section lists common examples of violations that may result in immediate post removal, warning, board sanction and/or suspension from the site. By joining the MarketPlace, you agree to be subject to the Constant Contact Prohibited Content and Commerce Statement and Anti-Spam Policy and may not upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, videos, sounds, data or other information) or otherwise use in the MarketPlace materials that would violate such policies if they were sent via our products or services. In addition, you further agree not to take inappropriate actions, such as:
A sanction or suspension of one account will apply to all of that member's accounts and may apply to members of the same company. The use of false registration information or creation of multiple accounts for use on the MarketPlace for the purpose of disruption or to avoid detection may result in permanent sanction or suspension of all associated registrations.
If you do post content or submit material, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and any product or service offerings; that the content is accurate; and that use of the content or products or services you offer does not violate these Terms.
A Constant Contact account is not required in order to access the MarketPlace solely for the purpose of reviewing product and service offerings in the MarketPlace. However, participants without an existing Constant Contact account may have limited or no access to certain features and functionality of the MarketPlace.
Any information that you post in the MarketPlace is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public in the MarketPlace, such as your contact information or email address. We respect and protect the privacy of our customers and those who use our websites. Please see our Privacy Statement for details of our approach to privacy and how we collect, use and protect your personal information.
We reserve the right to manage the MarketPlace in order to facilitate the orderly distribution of information through the MarketPlace. For that purpose, we may, at our election, designate representatives to act as moderators for the MarketPlace ("Moderators"). The Moderators cannot and do not review or respond to every post or email. Our employees may also comment on the MarketPlace and will be identified as Constant Contact employees with a Constant Contact icon ("Constant Contact Employee Posters"). The Moderators and the identified Constant Contact Employee Posters are the only authorized representatives of Constant Contact on the MarketPlace. Any Constant Contact employees who are not designated as Moderators or identified as Constant Contact Employee Posters are not authorized to represent themselves on the MarketPlace as a Constant Contact employee; therefore they are not providing official Constant Contact responses. We are not responsible for content provided by any Constant Contact employee who is not designated as a Moderator or identified as a Constant Contact Employee Poster.
You may assist us in making the MarketPlace an effective community for participants. If you detect violations of these Terms, click on the "Report Abuse" link from within the post. We will determine what, if any, action it will take against persons who violate these Terms, which could include the termination of one's privilege to use the MarketPlace or, in certain circumstances, referral to the appropriate authorities for action.
We reserve the right, at any time and from time to time, to delete, modify, edit, suspend or discontinue, temporarily or permanently, the MarketPlace (or any part thereof, including any postings) with or without notice. You agree that we shall not be liable to you or to any third party for any deletion, modification, suspension or discontinuance of the MarketPlace.
If you believe any postings or other materials in the MarketPlace infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the MarketPlace by contacting Constant Contact's copyright agent (identified below) and providing the following information:
Constant Contact's agent for copyright issues relating to this website is as follows:Compliance Manager
For all email submissions please include the subject line: DMCA Takedown Request.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Constant Contact account holders who are repeat infringers.
MOST OF THE THIRD PARTY MATERIALS ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD PARTY MATERIALS ARE THE SOLE RESPONSIBILITY OF THE PERSON OR ENTITY ORIGINATING SUCH MATERIALS. YOU AGREE THAT WE DO NOT ENDORSE, CONTROL, AND ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR SUCH THIRD PARTY MATERIALS OR FOR ANY PURCHASE OR OTHER TRANSACTION RESULTING FROM OR ASSOCIATED WITH YOUR USE OF THE MARKETPLACE.
YOU EXPRESSLY AGREE THAT THE MARKETPLACE (INCLUDING THE THIRD PARTY MATERIALS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE MARKETPLACE (INCLUDING THE THIRD PARTY MATERIALS) AND ANY RELIANCE BY YOU UPON THE SAME, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY THIRD PARTY MATERIALS OR THE MARKETPLACE ITSELF. WE DO NOT WARRANT THAT THE USE OF THE MARKETPLACE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE MARKETPLACE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO THE MARKETPLACE (INCLUDING THE THIRD PARTY MATERIALS). 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).
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF CONSTANT CONTACT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CONSTANT CONTACT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONSTANT CONTACT") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF CONSTANT CONTACT TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO $100, LESS ANY DAMAGES PREVIOUSLY PAID BY CONSTANT CONTACT TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree that we have entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
Per the terms of the Constant Contact Website and Products Terms and Conditions of Use, you agree to defend, indemnify and hold harmless us and our business partners, affiliates, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of these Terms; (b) arises from your use of the MarketPlace (including the Third Party Materials), (c) arises from any transaction completed in connection with your use of the MarketPlace, (d) arises from your violation of any rights of another, or (e) arises from your activities or postings in the MarketPlace. You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the MarketPlace for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, 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 MarketPlace, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
Only persons aged 18 or over may access and use the MarketPlace, without regard to whether an adult actually owns the registration or parental/guardian permission.
Reporters, researchers, and third party representatives need permission prior to posting, emailing members, or publishing MarketPlace content in their official capacity.
These Terms are a complete statement of the agreement between you and Constant Contact and set forth the entire liability of Constant Contact and your exclusive remedy with respect to your access and use of the MarketPlace. In the event of a conflict between these Constant Contact MarketPlace Terms and Conditions of Use and either the Constant Contact Privacy Statement or the Constant Contact Website and Products Terms and Conditions of Use, these Constant Contact MarketPlace Terms and Conditions of Use shall prevail. The agents and employees of Constant Contact are not authorized to make modifications to these Terms, or to make any additional representations, commitments or warranties binding on Constant Contact.
Any waiver of the terms herein by us must be in a writing signed by an authorized officer of Constant Contact and expressly referencing the applicable provisions of these Terms.
Your privilege to use or access the MarketPlace may be terminated by us immediately and without notice for any reason, including if you fail to comply with any term or condition of these Terms. Upon such termination, you must immediately cease accessing or using the MarketPlace.
If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
These Terms shall be governed by the laws of the Commonwealth of Massachusetts, USA and all claims relating to or arising out of these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the Commonwealth of Massachusetts, in each case, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with these Terms shall be brought in the state or federal courts located in Boston, Massachusetts.