Subscribing Users may require their prospects, clients and customers to agree to their own terms of service, privacy policies and/or other policies as a condition of using the Subscribing Users’ Platform Applications. Platform Applications have not been approved, endorsed, or reviewed in any manner by Adovation.org, and we are not responsible to any prospect, client or customer of a Subscribing User for the content, accuracy, or reliability of your Platform Applications and the privacy practices or other policies of Subscribing Users.
The Platform Applications may also allow Subscribing Users to offer their email marketing campaign recipients an opportunity to purchase gift cards redeemable for products or services offered by the Subscribing User by the recipient or others to whom the recipient may designate (each a “Gift Card”). Once purchased, the Gift Card recipient receives a confirming email from the Company which requires a response to activate the Gift Card. Once activated, the Gift Card recipient can redeem the Gift Card by opening the confirming email on their mobile device, tapping the screen to open the browser version of the Gift Card campaign and completing the amount of the Gift Card to be used along with the employee ID code for the issuing Subscribing User who issued the gift (the establishment where the Gift Card is being redeemed). Acceptance (or rejection) of the amount redeemed is then made with balance remaining on the Gift Card, if any, reflected.
There are 5 subscription program offerings available to each User for the Service and access to the APIs that meets the eligibility requirements and provides Registration Data and other information through our Site as requested by the Company (each a “Subscription”). The subscription programs offerings are as follows:
1/ Beta Testers – free to selected group of friends and family with access password protected.
2/ Free Trial – No Obligation, no fee for a one-time use of the Service;3/ Basic Membership – allows for unlimited access to the Service including all email marketing campaign templates with delivery up to 2500 email addresses (but not including any Gift Cards, Loyalty Cards, Linkon’s and other special features. Pricing is $149.00 per quarter;
4/ Full Membership – allows for unlimited use and access to all levels of the Service. Pricing is $449.00 per quarter.
5/ Non-Profit 501(c)(3)- Free with limited use and limited access to all levels of the Service with certain exceptions for donation type programs with rates determined by the Company in its sole discretion.
6/ One Time Marketing Campaign - allows for access to the Service to create a single marketing campaign including all email marketing campaign templates with delivery up to 2500 email addresses (but not including any Gift Cards, Loyalty Cards, Linkon’s and other special features.
In consideration of your subscription for the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
User may cancel subscription at any time. For those subscription programs that require payment, subscription fees are due and payable at the time that use of the Service commences with quarterly payments, if any, due and payable on the same day of each succeeding quarter thereafter. Subscribing Users for subscription programs requiring a monthly payment, auto-payment of the monthly fees must be established by providing required information in the Registration Data for credit card, debit card, ACH or bill pay. Cancellation will terminate auto-payment of future subscription fees.
ADOVATION and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries or for which the Company has authority to utilize for its business purposes. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service including in the Platform Applications will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
(collectively, all such User conduct is the “User Conduct”). Any User who violates the User Conduct may have access to the Service limited or such User’s Subscription terminated in the Company’s sole discretion.
We respect the intellectual property rights of others, and we prohibit Users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of alleged intellectual property infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent and following the procedures set forth below.
We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA. The DMCA provides a simple procedure for copyright owners to report content that infringes their copyrights. Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a User's content is infringing.
To report a copyright infringement by a User, all you need to do is fill out our automated DMCA http://www.copyright.gov/onlinesp/agent.pdf. This form is the fastest way to report a copyright infringement.
If you prefer, you can also send an email to DMCAviolations@Adovation.org. You will need to include all of the notice elements listed in the DMCA at 17 U.S.C. § 512(c)(3). You can also find these elements listed in our automated DMCA form.
If you wish to report other claims of intellectual property infringement (i.e. non-copyright) by a Adovation.org user, all you need to do is fill out our automated IP Infringement form.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, any User who is deemed to be a repeat infringer. We may also at our sole discretion limit access to the Site and/or terminate the Subscription of any User who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites"), including the web sites of our Company Affiliates, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we do not endorse nor are we responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that we are not responsible for the results or any consequences from such actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Site.
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to www.adovation.org via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to www.adovation.org messages via email or by telephone or fax (Mobile Messages), (iii) the ability to browse www.adovation.org from your mobile phone (Mobile Web), and (iv) the ability to access certain www.adovation.org features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not assess specific charges for simply accessing these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding www.adovation.org and other entities by email, telephone, fax, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your www.adovation.org account information to ensure that your messages are not sent to the person that acquires your old number.
Although client and customers of a Subscribing User will receive emails complete with information created in the marketing campaign of a Subscribing User through the Service, we will not communicate in any way directly with any client or customer of a Subscribing User.
Each Sponsored App must not contain any web content or source code that, if shared or posted, would be a violation of the User Conduct rules set forth above. Without limiting the foregoing, each Sponsored App advertiser agrees not to post a Sponsored App that contains, and represents and warrants that such Sponsored App does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose us or the Users to any harm or liability of any type. Each Sponsored App advertiser agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Sponsored App, any links, content or other items or materials which may be shared or posted through such Sponsored App, or any breach or alleged breach of the foregoing representations and warranties.
Each Sponsored App advertiser automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to post the Sponsored App on the Site and through the Platform Applications in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages or mobile device on which the Sponsored App may appear.
Any Sponsored App advertiser who violates the provisions of this Sponsored Applications section will have the Sponsored Apps approval revoked by the Company. In addition, the Company assumes no responsibility for any transaction involving any Sponsored Apps including but not limited to the viewing or purchase thereof.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User Conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications, the Gift Cards program and the Sponsored Apps. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, Smartphone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Applications, or any interactions between Users of the Site, whether online or offline.
With regard to Sponsored Apps, the Company assumes no responsibility for any transaction that a client or customer of a User may engage for any Sponsored Apps including but not limited to the viewing or purchase thereof.
THE SITE, THE SERVICE, THE APIs AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR THE APIs. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR THE APIs ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR THE APIs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND THE APIs AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and the APIs offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
USE OF THE SITE AND THE SERVICE ARE PROVIDED “AS IS, WHERE IS”, AS AN ACCOMMODATION, AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APIs OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR USE OF THE SITE OR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you utilize through the Service, your conduct in connection with the Service or the Site or with other users of the Service, the posting of any Sponsored Apps by a Sponsored App advertiser including the offering of any product or service through any such Sponsored App, or any violation of this Agreement or of any law or the rights of any third party.
The federal Electronic Fund Transfer Act (“EFTA”), and Regulation E, which implements it, provides guidelines and restrictions on the electronic transfer of funds from consumers’ bank accounts. In addition, transfers performed by ACH electronic transfers are subject to detailed timing and notification rules and guidelines administered by the National Automated Clearinghouse Association created a liquidation framework under which the Federal Deposit Insurance Corporation (“FDIC”) may be appointed as receiver following a “systemic risk determination” by the Secretary of Treasury (in consultation with the President) for the resolution of certain nonbank financial companies and other entities, defined as “covered financial companies,” and commonly referred to as “systemically important entities,” in the event such a company is in default or in danger of default and the resolution of such a company under other applicable law would have serious adverse effects on financial stability in the United States, and also for the resolution of certain of their subsidiaries;
You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information or content about the Site or the Service, provided by you to the Company, including all information you provide in the Suggestion Box ("Suggestions"), are your original thoughts or otherwise you have permission to convey the Suggestions. You agree the Suggestions are non-confidential, and you hereby waive and relinquish any and all rights to the Suggestions. You hereby convey to the Company all of your exclusive rights, including all intellectual property rights, to the Suggestions, and you agree the Company shall be entitled to the unrestricted use and dissemination of the Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.