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Terms of Use and Anti-Spam Policy
Important Notice:
Before logging in, you will need to read and agree to the Terms of Use statement below. After you read the Terms of Use, you will need to click on the “I Agree?button to confirm your agreement and proceed to view your account information. If you choose not to agree to the Terms of Use, you may not access to this website at www.showlead.com.
Terms of Use
The Terms of Use Agreement, set out below, contains the terms and conditions which govern your use of the AR Systems International (“Showcare? email marketing website, (the “Site?. Carefully read the Terms of Use Agreement before proceeding. By clicking the "I AGREE" button below these terms and conditions, you acknowledge having read, understood and accepted the Terms of Use Agreement. Agreeing to the Terms of Use Agreement is required for further use of, and access to the Site. If you do not agree to the Terms of Use Agreement, then you cannot proceed to further use, or gain access to the Site. If you agree to the Terms of Use Agreement, you should print a copy of it for your records and information.
Please read the following terms and restrictions carefully.
1. ACCEPTANCE OF AGREEMENT
YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS TERMS OF USE AGREEMENT ("AGREEMENT") WITH RESPECT TO THE SITE. THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN SHOWCARE AND YOU FOR USE OF THE SITE UNLESS OTHERWISE AGREED IN A SEPARATE CONTRACT WITH YOU, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES AND UNDERSTANDINGS WITH RESPECT TO THE SITE, THE CONTENT AND SERVICES PROVIDED BY OR THROUGH THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PRIOR TO USING OR GAINING FURTHER ACCESS TO THE SITE. SHOWCARE MAY AMEND THE AGREEMENT FROM TIME TO TIME WITHOUT SPECIFIC ADVANCE NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THE AGREEMENT PRIOR TO USING THE SITE. SHOWCARE MAY IMMEDIATELY TERMINATE THE USE OF THE SITE BY ANY USER IF THAT USER HAS USED THE SITE IN ANY WAY CONTRARY TO THE AGREEMENT OR THE LAW OR IN ANY WAY THAT DISRUPTS THE SITE. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
2. Copyright
All materials displayed or otherwise accessible through the Site, including without limitation, text, logos, graphics, photographs, images, and illustrations (collectively, the "Content") are protected under applicable Canadian, US and other foreign copyright, trademark and other proprietary and intellectual property laws or other laws. You acknowledge that the Application Content is the property of Showcare or of its respective owners, as indicated, or as the case may be. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to Canadian, US, and other foreign laws. The copying, redistribution, use or publication by you of any such Content or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content or document obtained through the Site. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content to which access is gained through the Site.
3. Limited Right to Use
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to access, view and use the Site for your commercial use, and are granted the right to download, store, and print single copies of items comprising the Content for your commercial use, provided that you maintain all copyright and other notices contained in such
4. Non-transferability and Passwords
Your right to use the Site is not transferable. To use the Site, you need a unique username and password which you will create and receive prior to using the Site. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that occur under your username and password. You agree to notify Showcare immediately of any unauthorized use of your username and password or any other breach of security, and to ensure that you logout from your account at the end of each session. Showcare cannot and will not be liable for any loss or damage arising from Showcare's or your failure to protect your password or account information.
5 INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SHOWCARE AND ITS OFFICIALS, EMPLOYEES, AGENTS AND REPRESENTATIVES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE LAWYER'S FEES, RELATED TO YOUR VIOLATION OF THE AGREEMENT OR USE OF THE SITE.
6. DISCLAIMER
SHOWCARE PROVIDES THE SITE ON AN "AS IS", "AS AVAILABLE", BASIS. SHOWCARE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OPERATIONS, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS,. FURTHER, UNLESS OTHERWISE AGREED IN A SEPARATE CONTRACT WITH YOU SHOWCARE DOES NOT REPRESENT AND WARRANT THAT THE SITE WILL BE AVAILABLE 100% OF THE TIME OR MEET YOUR EXACT REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES OR ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. ALTHOUGH SHOWCARE PERFORMS NIGHTLY BACKUPS OF DATA, YOU HAVE A RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA, HARDWARE AND SOFTWARE AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS AGAINST VIRUSES AND OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES.
7. LIMITATION OF LIABILITY
Due to the complex nature of programs and upgrades, Showcare does not warrant that the functions contained in the Site will meet your exact requirements or that the operation of the Site will be uninterrupted or error-free. UNLESS OTHERWISE AGREED IN A SEPARATE CONTRACT WITH YOU, SHOWCARE IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, EVEN IF SHOWCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Showcare and any of its suppliers under any provision of this Agreement and your exclusive remedy hereunder shall be limited to the actual damages you incur in reasonable reliance on the Site up to the amount actually paid by you for access to the Site. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose
8. Collection and Use of Personal Information
Privacy Policy
At showcare, we respect the privacy needs of our valued customers and partners. If you have any specific questions about the Privacy Statement, please contact us via email at privacy@showcare.com
We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information.
How we protect your privacy? We use security measures to protect against the loss, misuse and alteration of data used by our system.
Sharing and Usage We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
How can you stop receiving email from us ? Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.
If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to privacy@showcare.com for review.
Changes
Any changes to this privacy policy will be communicated promptly on this page.
9. Third Party Sites
This Site operates an interactive transaction service involving transmission of information to a third party's site and this Site may also allow you to link to or from other third party sites (the "Other Sites"). Showcare does not operate or control the products or services offered by the Other Sites. Showcare does not review, endorse or approve the Other Sites and is not responsible for any Other Sites. You agree that linking to or using Other Sites is at your sole risk and that Showcare will not be responsible or liable for any damages arising from linking to or use of the Other Sites. All rules, policies (including privacy policies) and operating procedures of Other Sites will apply to you while on those sites and Showcare will not be responsible for information provided to you on the Other Sites.
10. No Harmful Use
You agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that information or material that you provide to the Site electronically through your access to or use of the Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you shall not:
(a) interfere with or disrupt the Site or computer networks connected thereto;
(b) impersonate any other person or entity or make any misrepresentation;
(c) upload, post, transmit, publish or distribute any material or information to the Site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
(d) use the Site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the Site or Showcare's computer or network systems;
(e) violate any law or regulation or any generally accepted Internet practice or interfere with any other Site user's ability to use the Site and any of the services or products provided on the Site;
(f) forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Site;
(g) transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable and that may invade another's right of privacy or publicity; (please refer to item 14. Anti-Spam policy for more information)
(h) use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(i) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(j) delete or revise any material posted by any other person or entity; or
(k) manipulate or otherwise display the Site by using framing or similar navigational technology.
11. Termination of Site Use
At Showcare's sole discretion, Showcare may terminate or refuse to permit the use of any services on the Site and of the Site by any person, for any reason and without notice.
12. Applicable Law
The Site and the Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the province, without regard to conflict of law principles. You and Showcare require that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demand?que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
13. Survival
The provisions of this section and sections 2, 3, 5, 6, 7,10 and 12 of this Agreement shall survive the expiry or termination of this Agreement for any reason.
14. General
Except for any agreements with Showcare that expressly reference this Agreement, this is the entire agreement between Showcare and you regarding your use of the Site. Showcare's failure to insist upon or enforce any provision of the Agreement shall not be considered a waiver of such provision or of the right to enforce such provision. No waiver by Showcare of any right shall be deemed to be a waiver of any other right of Showcare arising under this Agreement. If any part of the Agreement is determined to be void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.
14. Anti-Spam Policy
At Showcare, we support ONLY permission-based marketing practices. We have implemented various policies and procedures that:
- Encourage permission-based marketing.
- Help prevent our technology from being used for the purpose of unsolicited email campaigns.
- Respond to all complaints regarding unsolicited email.
- Showcare customer support actively monitors large import lists and emails going to a large number of subscribers. Any customer found to be using our technology for spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at privacy@showcare.com.
- Every email contains a mandatory unsubscribe link - those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, we will terminate the customer's account.
How Showcare Protects You From Sending Spam ?
Showcare's proprietary permission-based email-marketing tool follows the strictest permission-based philosophies:
- Communication - Your registration page already states why you are collecting the site visitor's email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to not sell or rent your lists.
- Unsubscription - Every email generated from showcare contains an unsubscribe link which automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.
- Contact Information - all of your emails are pre-filled with your contact information
Isn't There Law Restricting Spam?
Yes, but state spam statutes vary so it is important to conform to the strictest standards. Many states have spam statutes, and they all differ; each state has its own definition of unsolicited commercial email. Additionally, there are various federal agencies keeping track of spam including the Federal Trade Commission.
How to protect yourself from Spam: Take the Spam Test ?
- Are you importing a purchased list of ANY kind?
- Are you sending to non-specific addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses.
- Are you sending to distribution lists or mailing lists that send indirectly to a variety of email addresses?
- Are you mailing to anyone who has not explicitly agreed to join your mailing list?
- Have you falsified your originating address or transmission path information?
- Have you used a third party email address or domain name without their permission?
- Does your email's subject line contain false or misleading information?
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