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Terms and Conditions
       
Terms and Conditions 

1to1Emarketing.com will be referred further in this document as “we”, “us”, or “our”. The following software and services we provide, Lead integration, Template/Campaign creation, Direct mail services, Emailing services, Print and mail services, will be referred further in this document as “The Service”. These Terms and Conditions are effective for all websites, partner portals, products, and services that fall under the 1to1Emarketing.com domain. 
This Terms and Conditions document is a general agreement between 1to1Emarketing.com and users of our website, and services. BY USING OUR WEBSITE, AND SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS DETAILED HERE. Please review the Terms and Conditions specified here and the Privacy Policy before you use our website, products or services. If you do not agree to or accept our Terms and Conditions, please do not use our website, products, or services. The Terms and Conditions explained here can be subject to change without prior notice and solely at our discretion based on emerging technologies, business practices our terms and conditions are unacceptable, please cancel your agreement as provided below. Your continued use of our website will be conclusively deemed acceptance of such modification.

The Terms and Conditions explained in this document include, but are not limited to, the following: 

Copyright 

    All content, including but not limited to, text, graphics, logos, icons, images, online tools and software in all websites, partner portals, products, and services that fall under1to1Emarketing.com's domain are the property of 1to1Emarketing.com and are protected by the United States Copyright laws and other relevant Intellectual Property laws.


Our Services

    Some of the services 1to1Emarketing.com provides include Lead generation, PDF Creation, Template Creation, Address File Creation, Regulatory Compliance Direct mail services and Digital Mail Fulfillment through our tools and through third party service providers. These services are available through our website and we authorize you to use all our services, provided you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services, your authorization to use our services will be immediately terminated and you must immediately destroy any of the content you have created, downloaded or obtained otherwise. Please note that we are lead resellers, that we do not make any representation or guarantee as to the results you might obtain while using our services, including services offered by third parties. In addition, you are prohibited from using our online tools and software with any unauthorized or improperly obtained third party content. 


Restrictions on Use 

    Unless expressly authorized otherwise, Customer agrees to, represents, and warrants to 1to1Emarketing.com, both during and after the term of this Agreement, the following provisions:
    (a) The Service is for the sole use within Customer's own organization and by Customer's own employees or agents. The Service may not be shared with affiliates or any third party, including joint marketing arrangements is permitted between mortgage agents and real estate agents and residential home builders. The Service may not be used outside the United States without the prior written consent of 1to1Emarketing.com.

    (b) Customer agrees both during and after the term of this Agreement that Customer shall not:
    (i) disclose, use, disseminate, reproduce or publish any portion of the Service in any manner other than as stated in this Agreement,
    (ii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Service or any portion thereof
    (iii) process or permit to be processed the Service or any portion thereof, except in accordance with the provisions of this Agreement, with other data or software from any other source, 
    (iv) allow access to the Service through any terminals located outside of Customer's operations, 
    (v) use the Service to create, enhance or structure any database in any form for resale or distribution, except in accordance with the terms of this Agreement, or 
    (vi) use the Service to create derivative products. Customer shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or 1to1Emarketing.com. make no representations or warranties about the legality or propriety of the use of the Service in any jurisdiction, state or region.

    (c) Customer will 
    (i) not use for solicitation the name, mailing address or telephone number of a consumer that is designated within the Service as requesting protection from solicitation,
    (ii) abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers' rights to privacy, and 
    (iii) limit access to consumer information to those individuals who have a “need to know” in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumer's right to privacy. 

    (d) Customer will not use the Service in any other manner that would cause such use of the Service to be construed as a consumer report by any authority having jurisdiction over any of the parties; 

    (e) Customer will not use the Service for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing. 

    (f) To the extent Customer is authorized under this Agreement to publish or otherwise permit access to the Service on a World Wide Web site or otherwise via the Internet, Customer will adopt, publish, and comply with privacy policies that comply with either the guidelines established by TRUSTe.org as more fully set forth at http://www.truste.org, the Better Business Bureau, such other organization as the parties mutually agree to select; or Customer's privacy policy if attached hereto Exhibit P. 

    (g) Customer will comply with the published guidelines of the Direct Marketing Association and federal and state laws regarding the use and dissemination of data such as the Service.


TERMS AND RESTRICTIONS ON CUSTOMER's USE OF DATA  

    Manner of Use.  Customer shall not, in any Direct Marketing Activities including but not limited to digital mail solicitations, telephone solicitations or surveys, refer to any selection criteria or any presumed knowledge about the consumer being contacted.  
    Security. Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data.
    FCRA. Customer understands that the data, used in the The Service, has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. Sect. 1681 et seq.


Our Online Tools and Software 

    All online tools and software including are made available for your use solely in accordance with our Terms and Conditions. You may not reproduce, modify, distribute, or otherwise make this software available to any third party or unauthorized websites. The law strictly prohibits any usage of our online tools or software not in accordance with our Terms and Conditions and any illegal use may result in severe civil and criminal penalties. All violators of our Terms and Conditions with respect to our online tools and software will be prosecuted to the fullest extent possible.


Processing of User, Billing, and Address Information 

    As a part of signing up on our website or partner portals, you are required to provide a unique, valid and currently used email address and a password. This information will be used as specified in the Privacy Policy.
    You are solely responsible for the accuracy of the information you provide and also for keeping your password secure.
    To place orders and to use certain services, you are required to provide your Billing information. Your Billing information will be kept strictly confidential as explained in our Privacy Policy. You are solely responsible with providing us with valid and current Billing Information. We reserve the right not to produce your order or offer our services if you provide invalid Billing Information. You are entirely responsible for all activities that occur under your account and you must agree to notify us immediately of any unauthorized usage of your account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, with or without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else's account at any time, without the express permission of the account holder. We make every effort to ensure accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an order or using our services, you are agreeing to pay the price relevant to the order of the service. Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately. 


Billing, Automatic Renewal and Order Cancellation

    By using the 1to1Emarketing.com's service, you are expressly agreeing that we are permitted to bill you for any charges you may incur in connection with your use of the 1to1Emarketing.com's service. Charges may include monthly subscription fees, lead integration, template creation, analytics and mailing charges. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your payment method. All fees and charges are non re-fundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give advance notice of any by e-mail. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information by clicking on the “Account” button, available at the top of the pages of Agent Home page, on our web site. If your payment method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that payment method, and you remain responsible for any uncollected amounts. 



Cancellation 

    You may cancel your contract to 1to1Emarketing.com and cancellation will be effective immediately. YOU WILL BE RESPONSIBLE FOR ANY BALANCES OWED. IF ANY CREDIT IS DUE, IT WILL BE REMITTED WITHIN 30 DAYS OF CANCELLATION. ACCOUNTING WILL BE BASED ON DIGITAL MAIL FULFILLMENT CHARGES DUE. To cancel, click the word “Cancel” on the “Account” page and follow the instructions for cancellation under the heading “Cancel Membership”. We reserve the right to terminate your account for any or no reason. 


Site Administration 

    We administer our website, products, and services from our office located at 491 Lea Court, Novato, CA. 94945. We make no representation that our website, products, or services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or reexport the materials found on our website, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our website, products, or services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable international and local laws 


Modifications to the Website, products, or Services

    We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.


Refusal of Service 

    We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms and Conditions. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretions. We reserve the right, at our sole discretion, to require proof that you are authorized to distribute the content developed using our website, products, or services. Reasons we may refuse or terminate orders include, but are not limited to, If we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately. 


Disclaimers and Liabilities 

    Although we believe that our website, application, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, application, or our products or services. Consequently our website, content of the website, application, products, and services are provided “As Is” with all faults and we hereby disclaim all warranties and conditions with regard to our website, products, and services. Our service is provided on an “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No oral advice or written information given by 1to1Emarketing.com, its employees, agents (including your
    representatives or guides), third-party information providers, merchants, licensors or the like, shall create a warranty; nor shall you rely on any such information or advice. Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our website, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. You expressly agree that use of our service is at your sole risk. Neither  1to1Emarketing.com,, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like make any warranty as to the results that may be obtained from the use of our service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through our service. 

    We do not make any representations or warranties, either expressed or implied, that any available access number will be a local call from your area code and exchange. To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if we have been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our website, products, or services that exceed the total amount you paid us with respect to the particular order or service giving rise to the claim. 


General Provisions 

    These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our website, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. THE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS, ALL MATTERS ARISING HEREUNDER SHALL BE EXCLUSIVELY HELD IN SAN FRANCISCO COUNTY, CALIFORNIA, AND YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO COUNTY. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term “include” and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. 


Contact Information 

    Before you can place an order, or use any of our other products and services, you need to agree to our Privacy Policy and the terms and conditions detailed in this Terms and Conditions document. 
    If you have any comments, questions or concerns regarding our Terms and Conditions and (or) our Privacy Policy, you may contact us at: 
    Email:info@1to1emarketing.com 
    1to1Emarketing Inc.
    491 Lea Court,
    Novato, CA. 94945
    415-577-4942
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