Terms and Conditions
This Agreement governs the terms by which members and clients of Ready to Go Newsletters obtain the right to ready-made newsletters through the website located at www.readyaccountantnewsletters.com (the “Site”).
1. ACCEPTANCE OF TERMS
Welcome to Ready to Go Newsletters. Ready to Go Newsletters provides its service to you, subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. You shall also be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. In addition, Ready to Go Newsletters also may offer other services from time to time that are governed by different Terms and Conditions. By accessing this web site and using the services of Ready to Go Newsletters, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site or our services.
2. DESCRIPTION OF SERVICE and BACKGROUND
Ready to Go Newsletters currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, and branded programming through its network of properties (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Ready to Go Newsletters properties, shall be subject to this Agreement. You understand and agree that the Service is provided “AS-IS” and that Ready to Go Newsletters assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. LICENSE TERMS
We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Ready to Go Newsletters or the supplier of the Content, as the case may be.
4. PERMITTED LICENSE USES
(a) You may only use the Content for those advertising, promotional
and other specified purposes which are Permitted Uses (as defined
below).
(b) Only you are permitted to use the Content, although you may transfer
files containing Content or Permitted Derivative Works to your printers
for the purpose of reproduction for Permitted Uses, provided that such
parties shall have no further or additional rights to use the Content
and cannot access or extract it from any file you provide.
(c) Permitted Uses. Subject to the restrictions described under
Prohibited Uses below, the following are “Permitted Uses” of Content:
1. advertising and promotional projects, including printed materials;
2. on–line or electronic publications, including web pages and emails;
3. other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and
4. any other uses approved in writing by Ready to Go Newsletters.
If there is any doubt that a proposed use is a Permitted Use, you should contact Ready to Go Newsletters for further guidance.
5. TERMINATION
You agree that Ready to Go Newsletters, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Ready to Go Newsletters believes that you have violated or acted inconsistently this Agreement. Ready to Go Newsletters may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Ready to Go Newsletters may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ready to Go Newsletters shall not be liable to you or any third-party for any termination of your access to the Service.
6. MEMBER CONDUCT
You understand that all information, notes, written materials, text,
software, sound, photographs, graphics, video, messages or other
materials (“Content”), whether publicly posted or privately transmitted,
may be the sole responsibility of the person from which such Content
originated. This means that you, and not Ready to Go Newsletters, are
entirely responsible for all Content that you upload, post, email or
otherwise transmit via the Service. Ready to Go Newsletters does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
Ready to Go Newsletters be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service. You
agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable; b. harm
minors in any way; c. impersonate any person or entity, including, but
not limited to, a Ready to Go Newsletters official, forum leader, guide
or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity; d. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; e. upload, post, email or otherwise transmit any
Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); f. upload,
post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
(“Rights”) of any party; g. upload, post, email or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other
form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose; h. upload, post, email or
otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment; i. disrupt the normal flow of dialogue,
cause a screen to “scroll” faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects other
users’ ability to engage in real time exchanges; j. interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service; k. intentionally or unintentionally
violate any applicable U.S or Canadian local, state/provincial or
international law, including, but not limited to, regulations
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any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange,
the Toronto Stock Exchange, the Canadian Venture Exchange, the Montreal
Stock Exchange or the NASDAQ, and any regulations having the force of
law; l. sub-license, re-sell, rent, lend, assign, gift or otherwise
transfer or distribute the Content or the rights granted under this
Agreement.
You acknowledge that Ready to Go Newsletters does not pre-screen
Content, but that Ready to Go Newsletters and its designees shall have
the right (but not the obligation) in their sole discretion to refuse or
move any Content that is available via the Service. Without limiting the
foregoing, Ready to Go Newsletters and its designees shall have the
right to remove any Content that violates this Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by Ready to
Go Newsletters or submitted to Ready to Go Newsletters, including
without limitation information in Ready to Go Newsletters! Message
Boards, Ready to Go Newsletters! Clubs, and in all other parts of the
Service. You acknowledge and agree that Ready to Go Newsletters may
preserve Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of Ready to Go Newsletters, its users and the public. You understand
that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. LIMITED REPRESENTATIONS and WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
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LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. READY TO GO NEWSLETTERS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT READY TO GO NEWSLETTERS) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE
INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT NECESSARILY
INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND
CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED
SOLELY FOR GENERAL INFORMATIONAL PURPOSES;
9. LIMITATION OF WARRANTIES and LIABILITY
(a) Ready to Go Newsletters' entire liability and your exclusive remedy,
with respect to any claims arising out of your use of the Content, or
out of your actions in downloading the Content, shall be as follows:
1. If you are unable to download the Content, Ready to Go Newsletters may refund any fee actually paid by you for such Content, provided Ready to Go Newsletters determines in its sole and absolute discretion that you have been unable to download such Content successfully..
(b) IN NO EVENT SHALL READY TO GO NEWSLETTERS OR ANY OF ITS
AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY
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WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH
ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER
OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF,
RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART
THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHERWISE.
(c) IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF READY TO GO
NEWSLETTERS UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE
USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER
WHATSOEVER SHALL BE LIMITED TO ANY FEES ACTUALLY PAID BY YOU TO READY TO
GO NEWSLETTERS UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE
RELEVANT CONTENT.
10. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS READY TO GO
NEWSLETTERS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS OR
DEMANDS OF ANY RIGHT OF ANY PERSON OR ENTITY, INCLUDING PERSONAL INJURY
AND DEATH (AND INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND
ACCOUNTING FEES AND EXPENSES), REGARDLESS OF WHETHER THEY ARISE OUT OF
OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF
READY TO GO NEWSLETTERS ARISING OUT OF OR IN CONNECTION WITH (i) YOUR
USE OF THE SITE, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS
OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR
THROUGH THE SITE, OR (ii) YOUR BREACH OF THESE SITE TERMS AND CONDITIONS
OF USE. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS
AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF
USE.
11. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Ready to Go Newsletters has
no control over such sites and resources, you acknowledge and agree that
Ready to Go Newsletters is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that Ready to Go Newsletters shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
12. GENERAL PROVISIONS
(a) Ready to Go Newsletters’ 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.
(b) This Agreement is personal to you and is not assignable by you
without Ready to Go Newsletters' prior written consent. Ready to Go
Newsletters may assign this Agreement without your consent to any other
party.
(c) If all or part of any provision of this Agreement is wholly or
partially unenforceable, the parties or, in the event the parties are
unable to agree, a court of competent jurisdiction, shall put in place
of such whole or part provision an enforceable provision or provisions,
that as nearly as possible reflects the terms of the unenforceable whole
or part provision.
(d) You agree to pay and be responsible for any and all sales taxes, use
taxes, value added taxes and duties imposed by any jurisdiction as a
result of the license granted to you, or of your use of the Content,
pursuant to this Agreement.
(e) This Agreement will be governed under the laws of the Province of
Ontario and the federal laws of Canada applicable therein (without
reference to conflicts of laws principles). This Agreement will not be
governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded. You consent to service of any required notice or process upon
you by registered mail or overnight courier with proof of delivery
notice, addressed to the address or contact information provided by you
at the time the Content was downloaded, or such other address as you may
advise us in writing to use, from time to time.
(f) Any and all disputes arising out of, under or in connection with
this Agreement, including without limitation, its validity,
interpretation, performance and breach, shall be finally settled under
the Rules of Arbitration of the International Chamber of Commerce by a
single Arbitrator appointed in accordance with such rules. The
arbitration shall take place in Toronto, Ontario, and shall be conducted
in the English language.
(g) The parties have requested that this Agreement and all related
documents be drawn up in English. Les parties ont demand que cette
convention ainsi que tous les documents qui s’y rattachent soient en
anglais.
h) Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
13. ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO
IT. IN CONSIDERATION OF READY TO GO NEWSLETTERS AGREEING TO PROVIDE THE
CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND READY TO GO NEWSLETTERS,
WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATION BETWEEN YOU AND READY TO GO NEWSLETTERS RELATING
TO THE SUBJECT OF THIS AGREEMENT.
14. CONTACT
If you have concerns relating to this Agreement, please contact Ready to Go Newsletters at support@readytogonewsletters.com.