Terms and conditions

The Audiencesend.com Web Site (the "Site") is an online information service provided by Audience Send Inc. ("AUDIENCE SEND"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. AUDIENCE SEND    MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are AUDIENCE SEND, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to AUDIENCE SEND a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to AUDIENCE SEND by all means and in any media now known or hereafter developed.

TRADEMARKS

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of AUDIENCE SEND. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by AUDIENCE SEND, AUDIENCE SEND does not operate, control or endorse any information, products or services on the Internet in any way. Except for AUDIENCE SEND - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with AUDIENCE SEND. You also understand that AUDIENCE SEND cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AUDIENCE SEND PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND AUDIENCE SEND SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. AUDIENCE SEND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. AUDIENCE SEND HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL AUDIENCE SEND BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF AUDIENCE SEND OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AUDIENCE SEND LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

AUDIENCE SEND makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-AUDIENCE SEND web site, please understand that it is independent from AUDIENCE SEND, and that AUDIENCE SEND has no control over the content on that web site. In addition, a link to a AUDIENCE SEND web site does not mean that AUDIENCE SEND endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless AUDIENCE SEND, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of AUDIENCE SEND and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between AUDIENCE SEND and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

AUDIENCE SEND's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AUDIENCE SEND may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

ANTI-SPAM POLICY

We all are aware of the spam and its consequences. AUDIENCE SEND, at any cost won't tolerate using services to spam people.

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. Normally spam mails contain advertisements, fraud marketing programs which may result in money fraud activities.

AUDIENCE SEND requires all Users to comply with the following legal requirements established for commercial email service providers: CAN SPAM Act of 2003, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’) and laws in force of the User’s country of residence.

What is not allowed in AUDIENCE SEND?

AUDIENCE SEND is a platform used to send email messages to subscribers that have opted-in to receive said email messages. We keep record of every email message that is being served through AUDIENCE SEND to ensure compliance with 

You are NOT allowed to send email messages to subscribers that have not opted-in to receive email messages.
You are NOT allowed to link to or include URL's in your emails that are associated with a backlisted domain or IP address.
You are NOT allowed to promote scammy or malicious websites or offers.

If we find that you are spamming, we will take serious actions against your account. Yes, we have a strong dislike for spammers and we don't want them in our community and we will terminate your account without prior notification.

I accessed a spam link which uses AUDIENCE SEND service. What to do?

If you find anyone using our service for any kind of spam activities or if you ever encountered a tracking link which redirected to a spam site, please immediately contact us at support@audiencesend.com

EARNINGS AND INCOME DISCLAIMER

We make every effort to ensure that we accurately represent our products and services and their potential for income. Earning and Income statements made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.

As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience beyond our guarantee policy. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success above or beyond our guarantee policy. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.

The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and service.

TRIAL & REFUND POLICY

AUDIENCE SEND offers a 14 day free trial period so you can try AUDIENCE SEND risk free for 14 days. If you decide to upgrade at any time during your free trial, the trial period ends and your account is upgraded to a Paid Account. 

After 14 days have passed, your credit card will be automatically charged the amount for our lowest plan (currently $99 USD) and your account will be automatically upgraded to a Paid Account. You may decide to cancel your account at any time for any reason within your 14 day trial and you will not be charged and your account will be cancelled at the end of 14 days.

AUDIENCE SEND is a pay as you go service, therefore we do not issue refunds for any reason, even if you cancel immediately after your credit card is charged. You may cancel your account at any time and no further amounts will be charged to you. You may continue to use your account until the period you have paid for is over, whether you are on a monthly or annual plan.

Accounts may be upgraded to a larger plan at any time. In the event you wish to downgrade to a lower plan, this will happen at the end of the current billing period or the next billing cycle where your account will be downgraded.

Please note that AUDIENCE SEND treats all customers equally, so we do not make exceptions to this policy.

If you have any questions or concerns we are happy to assist you through our support desk at support@audiencesend.com