PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY ACCESSING THE MARKETPLACE OR USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE MARKETPLACE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE MARKETPLACE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
Constant Contact Marketplace Terms and Conditions of Use
These Constant Contact Marketplace Terms and Conditions of Use of Constant Contact, Inc. ("Constant Contact"), together with the Constant Contact Web Site 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. Constant Contact reserves the right to modify these Terms at any time and without notice, effective upon posting of the modified Terms on the Marketplace or Constant Contact's other web sites. 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.
Constant Contact does not endorse, support or otherwise approve of the products and services promoted at or made available through the Marketplace. Messages, promotional materials, feedback, reviews and other content, including images and videos, posted to the Marketplace by Marketplace merchants and providers or by Marketplace users are solely the opinion and/or responsibility of the person posting the message and other content.
The Marketplace is intended to provide Constant Contact customers with the opportunity to become aware of and review products and services that such customers may find helpful. Constant Contact does not edit any third party postings or pre-screen or review every posting or every product and service. You agree that Constant Contact does not endorse any products or services, and Constant Contact is not responsible for i) the content of any postings in the Marketplace, including, without limitation, any feedback or reviews regarding products and services, ii) any third party products and services marketed or made available through the Constant Contact Marketplace, and iii) any purchase or other transaction resulting from or associated with your use of the Constant Contact Marketplace. Unless otherwise required by applicable law, Constant Contact has no duty to correct any false, misleading or erroneous statements or content of any third party on any part of the Constant Contact Marketplace.
Use Your Common Sense
Vendors in the Marketplace can a range of individuals, businesses and non-profits, including, without limitation, small businesses, subject matter experts and novices. As a result, some offerings could reflect considerable technical experience and insight, while others might not. You are responsible for exercising your judgment in evaluating and acting on various offerings
Participants may post hypertext links to content hosted and maintained by third parties. Constant Contact does not moderate or control these linked sites, and is not responsible for them. Your access to any linked 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, is permissible as long as it is an appropriate product or service for the Constant Contact community. Constant Contact is not responsible for any product or service advertised on the Marketplace nor does Constant Contact endorse the use of any such product or service.
Feedback, Reviews, Comments and Other Content
Users of the Marketplace may post feedback, reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information to the Marketplace. If you do post content or submit material, and unless Constant Contact indicates otherwise, you grant Constant Contact 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 Constant Contact and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms. Constant Contact has the right (but not the obligation) to monitor and edit or remove any activity or content but does not regularly review posted content. Constant Contact takes no responsibility and assumes no liability for any content posted by you or any third party.
Constant Contact Account
A Constant Contact account is not required in order to access the Marketplace solely for the purpose of reviewing 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, such as by posting your contact information or email address in the Marketplace. At Constant Contact, we respect and protect the privacy of our customers and those who use our Web sites. Constant Contact's Privacy Statement provides details of our approach to privacy and how we collect, use and protect your personal information. We use a variety of technologies on our Web site. Our Web site tracks usage data, including, for example, your IP address; your browser type and version; which pages you view; which page, if any, linked you to our site; and which link, if any, you follow off of our site. We use this data in the aggregate to better understand Web site activity to improve our offerings. We do not track URLs that you type into your browser, nor do we track you across the Internet once you leave our sites. For more information, please see our Privacy Statement5.
Constant Contact reserves the right to manage the Marketplace in order to facilitate the orderly distribution of information through, and management of, the Marketplace. For that purpose, Constant Contact may at its 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. Certain Constant Contact employees may also comment on the Marketplace and will be identified as Constant Contact employees with a Constant Contact icon. The Moderators and the identified Constant Contact employee posters (designated with the Constant Contact icon) 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. Constant Contact is not responsible for content provided by any Constant Contact employee who is not designated as a Moderator or identified as 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. Constant Contact 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.
Modifications to Marketplace
Constant Contact reserves the right, at any time and from time to time, to delete, modify, suspend or discontinue, temporarily or permanently, the Marketplace (or any part thereof, including any postings) with or without notice. You agree that Constant Contact shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Marketplace.
Notice and Take Down Procedures; Copyright Agent
If you believe any postings in Marketplace infringe your copyright, you may request removal of those materials (or access thereto) from Marketplace by contacting Constant Contact's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Constant Contact's agent for copyright issues relating to this web site is as follows:
Constant Contact, Inc.
1601 Trapelo Road, Suite 329
Waltham, MA 02451
Phone: (781) 472-8100
Fax: (781) 472-8101
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT, OFFERINGS, REVIEWS AND FEEDBACK POSTED TO OR ADVERTISED IN THE MARKETPLACE ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH CONSTANT CONTACT. SUCH THIRD-PARTY CONTENT, OFFERINGS, REVIEWS AND FEEDBACK ARE THE SOLE RESPONSIBILITY OF THE PERSON OR ENTITY ORIGINATING SUCH CONTENT, OFFERINGS, REVIEWS AND FEEDBACK. YOU AGREE THAT CONSTANT CONTACT DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR SUCH THIRD-PARTY CONTENT, OFFERINGS, REVIEWS AND FEEDBACK. YOU AGREE THAT CONSTANT CONTACT IS NOT LIABLE FOR ANY CONTENT, OFFERINGS, REVIEWS AND FEEDBACK POSTED TO OR ADVERTISED IN THE MARKETPLACE BY THIRD PARTIES. ADDITIONALLY, YOU AGREE THAT CONSTANT CONTACT IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD CONSTANT CONTACT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE MARKETPLACE, YOUR USE OF THE MARKETPLACE, ANY TRANSACTION COMPLETED IN CONNECTION WITH YOUR USE OF THE WEB SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
THE CONTENT ON THE MARKETPLACE IS "AS IS" AND CARRIES NO WARRANTIES. CONSTANT CONTACT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT OR OFFERINGS ON THE MARKETPLACE, REGARDLESS OF WHO ORIGINATES THAT CONTENT OR OFFERING. CONSTANT CONTACT DOES NOT WARRANT THAT THE MARKETPLACE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT OR OFFERINGS. CONSTANT CONTACT IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT OR OFFERINGS, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT OR OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSTANT CONTACT AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE MARKETPLACE, EVEN IF CONSTANT CONTACT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONSTANT CONTACT AND YOU. CONSTANT CONTACT WOULD NOT BE ABLE TO HAVE PROVIDED THE MARKETPLACE WITHOUT SUCH LIMITATIONS.
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 Web Site 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 Constant Contact 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 Constant Contact immediately and without notice 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 will be governed by the laws of the Commonwealth of Massachusetts USA as applied to agreements entered into and to be performed entirely within Massachusetts, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Middlesex County, Massachusetts USA. These Terms do not limit any rights that Constant Contact may have under trade secret, copyright, patent or other laws.