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InboxEagle / Terms of Service
The terms and conditions governing your use of InboxEagle's website and services.
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT (Version 1.3a) CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT REPLACES the 07/25/2019 version and is EFFECTIVE AS OF 03/31/2022.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with InboxEagle, also known as InboxEagle, located at 7000 Central Pkwy Ste 220, Atlanta GA 30328, and our subsidiaries and affiliates, in association with the use of the InboxEagle website, which includes www.inboxeagle.com (the "Site") and its Services, which shall be defined below.
The Site is an e-commerce website and platform which has the following description:
InboxEagle provides eCommerce conversion rate optimization tools like: reviews, pop ups, personalized email, and product recommendations for e-commerce companies.
Any and all visitors to our site, frontend or backend, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of InboxEagle. At its discretion, InboxEagle may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. InboxEagle does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that InboxEagle shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such InboxEagle shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. For purposes of this legal document a member is a client of our site or service. In addition, you must be in good standing and not an individual that has been previously barred from receiving InboxEagle's Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, InboxEagle will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of InboxEagle Services, or any portion thereof. Reviews and user generated content are a fundamental component of InboxEagle's services and any violation of trust that they imply will not be tolerated. We cannot monitor every review but our client managers are trained to recognize fabricated reviews and will report them to our compliance and quality assurance team. Any such suspicious reviews will be permanently deleted, and if it is determined that the member had any involvement, their account will be suspended. In addition said member will lose the right to pay $185 for a csv file of all their account reviews in the InboxEagle platform once their account is terminated.
Reviewer's rating score, review text, and name can be publicly published on InboxEagle and InboxEagle member business websites and marketing materials. Reviewer emails will never be solicited or shared in any way. Emails collected from reviewers are for verification purposes only.
Every business member's registration data and various other personal information are strictly protected by the InboxEagle Online Privacy Policy (see the full Privacy Policy in footer of our website www.inboxeagle.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by InboxEagle and/or our subsidiaries and affiliates.
You expressly authorize InboxEagle to use the Provided Information and Customer Information to provide Customer Information to Other Customers and other users of InboxEagle's services. InboxEagle may use and distribute information that does not contain personally identifiable information. The rights of InboxEagle described in this Section are limited by the requirements of applicable law.
After completion of the registration data and creation of your username, you will receive a random password - which you can later change - and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify InboxEagle immediately if you notice any unauthorized access or use of your account or password or any other breach of security. InboxEagle shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
Customer Information is stored and the Services are provided by InboxEagle on computers owned or operated by or on behalf of InboxEagle. This Agreement grants no rights to physically possess or operate any computer software that is used to provide the Services. All rights not granted to you in this Agreement are expressly reserved by InboxEagle. No rights are granted to you by implication.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of InboxEagle Services, and as such, we do not guarantee the accuracy, integrity or quality of such content.
Furthermore, you herein agree not to make use of InboxEagle's Services for the purpose of:
InboxEagle herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Upon registration, you hereby acknowledge that by using www.inboxeagle.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations.
InboxEagle provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
You agree to indemnify, defend and hold harmless InboxEagle and InboxEagle's employees, officers, and agents from and against any demands, liabilities, losses, costs and claims, including reasonable attorney's fees, that arise from or are related to (i) your use of the Services or Customer Information; (ii) your breach of this Agreement; (iii) injury to any person or property caused by any products or services sold or otherwise distributed by you through Your Website; and (iv) your use of the Services or Customer Information in violation of law.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to InboxEagle's sites.
You herein acknowledge that InboxEagle may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by InboxEagle. In addition, you also agree that InboxEagle has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. Furthermore, InboxEagle shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
InboxEagle shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.inboxeagle.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to contactus@inboxeagle.com.
If for some reason, you decide that you would like to discontinue using our services, you can assume full ownership of your ratings and reviews for a one-time processing and transfer fee of $185 (contact customer support for instructions). As part of the transfer, you agree to permanently remove any instance, relation, or association of the InboxEagle name and/or brand from your ratings and reviews. Your transfer file will be in a .csv format and can take up to 7 business days to process.
As a member, you agree that InboxEagle may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The maximum refund if any is warranted is the amount paid for the service in the current term.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that InboxEagle shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either InboxEagle or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources.
You do hereby acknowledge and agree that InboxEagle's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
You acknowledge and agree that InboxEagle receives Customer Information from third party sources that InboxEagle does not control and has no ability to verify the truth, accuracy, or completeness of the Customer Information. InboxEagle DOES NOT GUARANTEE THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CUSTOMER INFORMATION. THE CUSTOMER INFORMATION AND THE SERVICES ARE PROVIDED TO YOU AS IS AND WITHOUT ANY WARRANTY WHATSOEVER.
You herein expressly acknowledge and agree that:
The individual indicating his/her agreement to this Agreement represents and warrants that either he/she is entering into this Agreement individually or that (x) he/she is currently employed by or is an agent or representative of the licensee entity, (y) he/she has the authority and legal ability to enter into this Agreement on behalf of the entity, and (z) the entity agrees to be bound by all of the terms of this Agreement.
You explicitly acknowledge, understand and agree that InboxEagle and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur.
INBOXEAGLE'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND THE CUSTOMER INFORMATION IS LIMITED TO THE TOTAL OF ALL FEES MADE BY OR FOR YOU FOR THE SERVICES FOR THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This TOS constitutes the entire agreement between you and InboxEagle and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to InboxEagle Services.
It is at the mutual agreement of both you and InboxEagle with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and InboxEagle, shall be filed within the courts having jurisdiction within the County of Fulton, Georgia or the U.S. District Court located in said state.
At any time, should InboxEagle fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to InboxEagle as follows:
InboxEagle
Attn: Copyright Agent
7000 Central Pkwy Ste 220, Atlanta, GA 30328
Email: contactus@inboxeagle.com