TERMS AND CONDITIONS OF SERVICES
Effective Starting July 1, 2022
These Terms and Conditions (these “Terms”) govern your access and use of and all Orders placed through servicemoxie.com [and its related mobile sites] (collectively, the “Site”), as well as the products and services (“Cloud Services”) offered and sold by Street Bidder LLC d/b/a ServiceMoxie (“ServiceMoxie,” “we,” “our” or “us”). By placing an Order with ServiceMoxie or using the Site, you agree to be bound unconditionally by these Terms as in effect at the time or ordering or use.
ServiceMoxie reserves the right to update or modify these Terms at any time without prior notice to you, and we encourage you to review these Terms whenever you use the Site or place an Order.
“You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or similar button or checkbox) that is presented to you. PLEASE NOTE THAT IF YOU SIGN UP FOR CLOUD SERVICES USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
Terms and Conditions of Services
With respect to our Cloud Services, these Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access a Cloud Service, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for a Cloud Service, create a Cloud Service account, or place an Order.
Our Product Specific Terms
Subject to these Terms and during the applicable Subscription Term, you may access and use the Cloud Services for your own business purposes or personal use, as applicable, all in accordance with these Terms, the applicable Order and the Documentation. This includes the right, as part of your authorized use of the Cloud Services, to download and use the client software associated with the Cloud Services. The rights granted to you are non-exclusive, non-sublicensable and non-transferable.
Some Cloud Services may be subject to additional terms specific to that product as set forth in the product specific terms. By accessing or using Cloud Services, you also agree to the specific terms applicable to such Services:
· Every Door Direct Mail (EDDM) Services
You acknowledge that the Cloud Services are on-line, subscription-based products, and that in order to provide improved customer experience we may make changes to the Cloud Services, and we may update the applicable Documentation accordingly. Subject to our obligation to provide Cloud Services under existing Orders, we can discontinue any Cloud Services, or any portion or feature of any Cloud Services for any reason at any time without liability to you.
Restrictions on Use
Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of the Cloud Services; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Cloud Services to a third party; (c) use the Cloud Services for the benefit of any third party; (d) incorporate any Cloud Services into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Cloud Services intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Cloud Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in any Cloud Service; (h) use the Cloud Services for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Cloud Services; or (j) encourage or assist any third party to do any of the foregoing. You also may not use the Cloud Services in any manner that violates applicable laws.
Billing, renewals, and payment
All Cloud Services are offered either on a monthly subscription basis or an annual subscription basis or as otherwise specified for the specific products.
Except as otherwise specified in your Order, unless either of us cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term.
You will pay all fees in accordance with each Order, by the due dates and in the currency specified in the Order. Other than as expressly set forth in our return policy and our warranty, all amounts are non-refundable, non-cancelable and non-creditable. You agree that we may bill your credit card or other payment method for renewals, additional users, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.
You will provide any notice of non-renewal through the means we designate, which may include account settings in the Cloud Services or contacting our support team. Cancelling your Order means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Cloud Services continuing to be offered and will be charged at the then-current rates.
In the event that any amounts due hereunder are not received by us on or before the applicable due date for any reason, we shall have the right to suspend all or any portion of the Cloud Services until such time as all charges have been paid.
You may change your plan for Cloud Services by modifying your account. Unless otherwise specified in the applicable Product Terms, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Subscription Term for upgrades. Reductions in service will take effect at the end of the then current billing period.
We will deliver the login instructions for Cloud Services to your account or through other reasonable means no later than when we have received payment of the applicable fees. You are responsible for accessing your account to determine that we have received payment and that your Order has been processed. All deliveries under these Terms will be electronic.
Our Cancellation Policy
You may choose to stop using the Cloud Services and terminate your subscription at any time for any reason upon written notice to us, but, upon any such termination (i) you will not be entitled to a refund of any pre-paid fees and (ii) if you have not already paid all applicable fees for the then-current Subscription Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable.
Upon any expiration or termination of your subscription, you must cease using the applicable Cloud Services. You will not have access to Your Data (and we may delete all of Your Data unless legally prohibited), so you should make sure to export Your Data using the functionality of the Cloud Services during the applicable Subscription Term.
Fees exclude any taxes or duties payable in respect of the Cloud Services in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoicing documents designed to enable you to obtain a refund or credit from the relevant revenue authority, if such a refund or credit is available.
You agree to contact us with the aim to resolve any problem you might have before requesting a chargeback from your bank or credit card provider at any time in connection with your Order. A chargeback in breach of the foregoing obligation is a material breach of this Agreement and ServiceMoxie reserves the right to charge an additional fee for its costs incurred in connection with a chargeback that we investigate and determine to be a valid charge.
We will provide technical support for the Cloud Services as set forth in the applicable Documentation as it may be amended from time to time. You acknowledge it will be required, from time to time, to accept service updates at no additional charge to you, as part of our ongoing enhancements and customer/technical support.
IP Rights in the Cloud Services and Feedback
Cloud Services are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to Our Technology (including the Cloud Services). From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.
You will provide all required disclosures to and will obtain and maintain all required consents from End Users to allow us to provide the Cloud Services to your End Users. You will provide evidence of such consents upon our reasonable request.
You must require that all End Users keep their user IDs and passwords for the Cloud Services strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.
The Cloud Services are not intended for, and should not be used by, anyone under the age of 18. You are responsible for ensuring that all End Users are at least 18 years old.
We warrant that the Cloud Services will perform materially in accordance with the Documentation. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Cloud Services (but we are not responsible for harmful materials submitted by you or End Users) (the “Performance Warranty”).
We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Performance Warranty. If we determine corrections to be impracticable, either party may terminate the applicable Subscription Term. In this case, you will receive a refund of any fees you have pre-paid for use of the Cloud Service for the terminated portion of the applicable Subscription Term. The Performance Warranty will not apply: (i) unless you make a claim within thirty (30) days of the date on which you first noticed the non-conformity, (ii) if the non-conformity was caused by misuse, unauthorized modifications or third-party products, software, services or equipment or (iii) to No-Charge Products. Our sole liability, and your sole and exclusive remedy, for any breach of the Performance Warranty are set forth in this Section.
In the event of a conflict between this Performance Warranty and the Product Specific Terms, the applicable Product Specific Terms will control.
YOU UNDERSTAND AND AGREES THAT THE USE OF THE CLOUD SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING SECTION (OUR WARRANTIES), ALL CLOUD SERVICES, INCLUDING ANY SUPPORT, ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD SERVICES NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Certain capitalized terms used in these Terms are defined below:
“Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.
“Documentation” means our standard published descriptions of the Cloud Services as available on our Site.
“End User” means an individual you or an Affiliate permits or invites to use the Cloud Services. For the avoidance of doubt: (a) individuals invited by your End Users, (b) individuals under managed accounts, and (c) individuals interacting with a Cloud Service as your customer are also considered End Users.
“Laws” means all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and the exportation of technical or personal data.
“Notification Email Address” means the email address(es) you used to register for a Cloud Service account or otherwise sign up for a Cloud Service. It is your responsibility to keep your email address(es) valid and current so that we are able to send notices, statements, and other information to you.
“Order” means ServiceMoxie’s applicable online order page(s), flows, in-product screens or other ServiceMoxie-approved ordering document or process describing the products and services you are ordering from us and, as applicable, their permitted scope of use and will identify the Cloud Services, the Subscription Term and the pricing and payment terms.
“Our Technology” means the Cloud Services, Our Deliverables, their “look and feel”, any and all related or underlying technology and any modifications or derivative works of the foregoing.
“Subscription Term” means your permitted subscription period for a Cloud Service, as set forth in the applicable Order.
“Your Data” means any data, content, code, video, images or other materials of any type that you (including any of your End Users) submit to Cloud Services. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making available Your Data to or through the Cloud Services.
You acknowledge that all content included on our Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of ServiceMoxie and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from our Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
“ServiceMoxie”, “SendJim”, “RevenueBuddy,” “AutomateMotivate” and any and all other marks appearing on our Site are trademarks/servicemarks of SendJim (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without our prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. ServiceMoxie prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by ServiceMoxie in writing.
You confirm that you have read, understood and agree to Our Policies, the terms of which are incorporated in these Terms, and agree that the terms of Our Policies are reasonable and satisfactory to you and compliance with Our Policies is a condition to use of the Site and the Cloud Services.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to us in connection with your use of this Site (collectively, “Feedback”), shall become and remain the exclusive property of ServiceMoxie. The Feedback may be used by us in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Feedback. We are under no obligation to maintain your Feedback (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Feedback (even if included in Our Technology) submitted or to respond to any of your Feedback. We may not be able to respond to your Feedback. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future ServiceMoxie programs. Also, please remember that you are responsible for whatever material you submit and that you, not ServiceMoxie, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages.
Links to other Websites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We do not guarantee or warrants the accuracy or completeness of the information or content included on the websites of these outside services and resources. The outside services and resources are in no way related to ServiceMoxie, and are neither its employees nor its agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Terms of General Application
Your Compliance Obligations
It is your responsibility to comply with all laws applicable to your activities and you and your End User’s use of the Cloud Services. We do not provide any warranty that the usage of the Cloud Services are compliant with laws applicable to you, including without limitation, infringement, employment, privacy, mailing, consumer or other laws.
We may release your IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
Your Indemnification Obligations
You agree to defend, indemnify and hold harmless ServiceMoxie (and its affiliates, managers, members, officers, employees and agents) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and the Cloud Services, your breach of these terms and any claims that Your Data or content or data submitted by you on the site or using the Cloud Services infringes on any third party’s intellectual property rights or your violation of any applicable laws.
Indemnification by ServiceMoxie
We will defend you against any claim brought against you by a third party alleging that the software constituting the Cloud Services, when used as authorized under these Terms, infringe a patent right granted in the United States (a “Claim”), and we will indemnify you and hold you harmless against any damages and costs finally awarded on the Claim by a court of competent jurisdiction or agreed to via settlement executed by us (including reasonable attorneys’ fees), provided that we have received from you: (a) prompt written notice of the Claim (but in any event notice in sufficient time for us to respond without prejudice); (b) reasonable assistance in the defense and investigation of the Claim, including providing us a copy of the Claim, all relevant evidence in your possession, custody, or control, and cooperation with evidentiary discovery, litigation, and trial, including making witnesses within your employ or control available for testimony; and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim.
We may, at our option and in our discretion: (i) procure the right for your continued use of the Cloud Service in accordance with these Terms; (ii) substitute a substantially functionally similar Cloud Service; or (iii) terminate your right to continue using the Cloud Service and refund any prepaid amounts for the terminated portion of the Subscription Term.
Our indemnification obligations above do not apply: (1) if the total aggregate fees we receive with respect to your subscription to a Cloud Service and associated purchases in the twelve (12) month period immediately preceding the Claim is less than US$10,000; (2) if the Cloud Service is modified by any party other than us, but solely to the extent the alleged infringement is caused by such modification; (3) if the Cloud Service is used in combination with any third party product, software, service or equipment, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of Cloud Services; (5) to any Claim arising as a result of (y) Your Data or circumstances covered by your indemnification obligations (Your Indemnity) or (z) any third-party deliverables or components contained with the Cloud Services or (6) if you settle or make any admissions with respect to a Claim without our prior written consent.
THIS SECTION (IP INDEMNIFICATION) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY CLOUD SERVICE OR OTHER ITEMS WE PROVIDE UNDER THESE TERMS.
Third Party Applications
We may integrate with third party applications (“Third Party Application(s)”). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that we are not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Cloud Services or our Site, any Third Party Application, without any liability to you.
Any notice under these Terms must be given in writing. We may provide notice to you through your Notification Email Address, your account or in-product notifications. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it. You will provide notice to us to P.O. 682943, Franklin TN 37068 Attention: Customer Service Department. Your notices to us will be deemed given upon receipt.
Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure, service disruptions or diminishment of power or telecommunications or data networks or postal delivery services, including the USPS, or refusal of a license by a government agency.
Limitations of Liability
EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID OR PAYABLE BY YOU TO US FOR YOUR SUBSCRIPTION FOR THE RELEVANT PRODUCT OR SERVICE U IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
“Excluded Claims” means (1) amounts owed by you to us under any Orders or Subscriptions, (2) either party’s express indemnification obligations in these Terms, and (3) your breach of Section 3.3 (Restrictions) or of Section 2 (Combining the Products with Open Source Software) of Third Party Code in ServiceMoxie Products.
We may modify Our Policies to take effect during your then-current Subscription Term in order to respond to changes in our products, our business, or Laws. In this case, unless required by Laws, we agree not to make modifications to Our Policies that, considered as a whole, would substantially diminish our obligations during your then-current Subscription Term. Modifications to Our Policies will take effect automatically as of the effective date specified for the updated policies.
We may identify you as our customer in our promotional materials. We will promptly stop doing so upon your request submitted via the chat feature on our website.
Governing Law; Jurisdiction; Waivers
These Terms will be governed by and construed in accordance with the laws of the State of Tennessee, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in Nashville, TN, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Nashville, TN generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
Nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms regardless of when or where adopted.
Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
Governing Law; Jurisdiction; Waivers
The Cloud Services are subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import Laws in your access to, use of, and download of the Cloud Services (or any part thereof). You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Cloud Services or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list (collectively, “Prohibited Persons”); (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import Laws of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country and (ii) none of Your Data is controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Cloud Services for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
These Terms, together with your Orders and Our Policies, constitute the entire agreement (collectively, the “Agreement”) between you and ServiceMoxie relating to the use of our Site and our Cloud Services, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
If you have any questions or concerns regarding this Agreement, please contact us via the chat feature on our Site.
Automate Motivate Specific Terms
Effective Starting July 1, 2022
Your use of Automate-Motivate is subject to the Service Moxie Terms of Service (the “Terms”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Terms. “Automate-Motivate” means the software-as-a-service solution (including the corresponding mobile, desktop or other application(s)) currently branded as “Automate-Motivate” and made available on the Site through Street Bidder Partners LLC d/b/a ServiceMoxie (“ServiceMoxie,” “we,” “our” or “us”).
Consent to Contact
You are authorizing us to contact your employees via email, phone, and text message for the purposes of using the Automate Motivate application. You are responsible for obtaining any required permission or consent from your users.
The timeclock feature is strictly intended for the use of estimating time required for tasks within your business. The feature is not intended to be a feature used for payroll calculations and may not meet federal or state guidelines measuring employee hours worked or calculating compensation.
Compliance With Laws
Revenue Buddy Specific Terms
Effective Starting July 1, 2022
Your use of Revenue Buddy is subject to the Service Moxie Terms of Service (the “Terms”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Terms. “Revenue Buddy” means the software-as-a-service solution (including the corresponding mobile, desktop or other application(s)) currently branded as “Revenue Buddy” and made available on the Site through Street Bidder Partners LLC d/b/a ServiceMoxie (“ServiceMoxie,” “we,” “our” or “us”).
Service Moxie does not guarantee the accuracy of any data output.
Results are not guaranteed and are only an estimate based on industry experience.
SendJim® Specific Terms
Effective Starting July 1, 2022
Your use of SendJim is subject to the Service Moxie Terms of Service (the “Terms”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Terms. “SendJim” means the software-as-a-service solution (including the corresponding mobile, desktop or other application(s)) currently branded as “Automate-Motivate” and made available on the Site through Street Bidder Partners LLC d/b/a ServiceMoxie (“ServiceMoxie,” “we,” “our” or “us”).
Changes to Pricing and Services
We reserve the right to cancel and/or refund any Order due to changes in service availability. Our product pricing is based on supply costs and is subject to change without notice.
Product orders may not be cancelled once placed (upon pushing “send”). Returns are not accepted either for refund or credit.
If you receive defective products, you may be eligible for replacement, if the defect was caused by us. Problems with color due to monitor differences is not covered. Damages caused during mailing is not covered. You must contact us within 60 days of receipt of the product to determine if a replacement is approved. Refunds or replacements are subject to a 7% processing fee. Claims should be submitted via the chat feature on the Site and are subject to verification and approval.
Please note we are not responsible for the following:
• Inaccurate or poor quality artwork
• Errors in user-selected options such product type, size, finishing options, etc.
• Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
Shipping and Delivery:
• Delivery delays due to improperly prepared files.
• Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
• Damage to or loss of the products caused during shipping, including by the USPS, or after delivery to you.
Color Accuracy and Hardcopy Proofs:
· We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. If you are concerned about color and printing, order a test quantity before placing an order for a large quantity.
· You are responsible for the accuracy of your print-ready artwork files, and you must proofread all files carefully before submitting to us. Review of artwork and other order details is your sole responsibility and you acknowledge we are not responsible for any errors.
· As postal regulations are subject to change, you are also responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office for current guidelines and restrictions. Please use our file preparation guidelines and product templates to assist you in creating print-ready files.
You certify that you have the right to use the image(s) in your artwork files.
You agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We are unable to print sexually explicit materials, including photographic genitals, violently explicit materials, and speech promoting hate or violence.
You are responsible to determine that your mailing complies with all applicable laws.
You give us permission to share your artwork for promotional purposes. To refuse permission, you must expressly notify us to this effect.
Shipping and Arrival Times
Shipping transit times vary, and we assume no responsibility for delays caused by shipping carriers, including USPS, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, and other factors out of our control We are not responsible for delays due to improperly prepared files.
Shipping Terms; Risk of Loss
You agree that the shipping terms for all products we ship are Ex Works our facility (as defined in Incoterms 2020) – risk of loss transfers to you at time of shipment.
Every Door Direct Mail (EDDM) Specific Terms
Effective Starting July 1, 2022
Your use of Every Door Direct Mail (EDDM) is subject to the Service Moxie Terms of Service (the “Terms”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Terms. “EDDM” means the software-as-a-service solution (including the corresponding mobile, desktop or other application(s)) currently branded as “EDDM” and made available on the Site through Street Bidder Partners LLC d/b/a ServiceMoxie (“ServiceMoxie,” “we,” “our” or “us”).
EDDM does not use SendJim credits.
EDDM orders do not count towards the SendJim Monthly Spending Limit.
EDDM cards are not be coated with postal protect.
Product orders may not be cancelled once placed (upon pushing “send”). Returns are not accepted either for refund or credit.
Ringless Voicemail Specific Terms
Effective Starting July 1, 2022
Your use of Ringless Voicemail is subject to the Service Moxie Terms of Service (the “Terms”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings in the Terms. “Ringless Voicemail” means the software-as-a-service solution (including the corresponding mobile, desktop or other application(s)) currently branded as “Ringless Voicemail” and made available on the Site through Street Bidder Partners LLC d/b/a ServiceMoxie (“ServiceMoxie,” “we,” “our” or “us”).
We want to do everything we can to help our customers. As such, we are asking you to read these terms, so you that you can make your own decision on using ringless voicemail (voicemail bomb).
The Telephone Consumer Protection Act was passed in 1991 and protects consumers from unwelcomed marketing messages. Ringless voicemail is a new technology that did not exist at the time, and until recently there were few court rulings on whether or not ringless voicemail was legal. Recently ringless voicemails have been more scrutinized by state legislators and there have been a few lawsuits where the company who sent the voicemail did not collect express written consent from the customer and had settle the case out of court.
The following is not legal advice and simply meant to help you understand what we consider best practices for using ringless voicemail. By using our ringless voicemail you are agreeing to comply with the following:
· Companies using ringless voicemail to send marketing messages to their customers should be collecting prior express written consent from their customers that gives them permission to send marketing messages to their customers.
· Voicemails should only be sent to customers who have given your business their phone number.
· Voicemails should not be used to spam customers.
· It is generally acceptable to send non-marketing voicemails (e.g. appointment reminders, thank you call) to a customer who provides their phone number but doesn’t give express written consent to market to them.
· This document is not legal advice and it is my responsibility to make sure my company complies with federal, local, and state laws in my area.
· Companies choosing to use our ringless voicemail accept any risk associated with sending ringless voicemails and understand that SendJim is NOT liable for any damages from voicemails that are sent.
For more education please see this short presentation that we found helpful: https://www.venable.com/-/media/files/events/2020/01/telemarketing-and-texting-slides-jan-2020.pdf
If you still have questions, we recommend you consult a legal professional.
We are not be liable for any act or omission of any other third party furnishing any portion of the Cloud Services, or from any act or omission of a third party, including those vendors participating in the dialing platform.
Laws governing telecommunication within the USA, can be found through the Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commission http://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov, do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls contact your state department for more information. Laws governing telecommunications in Canada can be found through the CRTC http://www.crtc.gc.ca/ and the National Do Not Call List https://www.lnnte-dncl.gc.ca/index-eng and various Provincial and Federal laws place restrictions on certain types of phone calls contact the CRTC for more information. It is your responsibility to consult, research, understand and adhere to these laws at all times when using our Cloud Service. We do not have any obligation to update you of changes to the referenced laws or links.
You will ensure that all numbers uploaded for your campaigns have been scrubbed against all required federal and state DO NOT CALL lists or are exempt from this process, and hereby accepts full liability and legal responsibility for the dialing of these numbers.
Prior to using this platform you will make sure that you are familiar with any Federal, State Laws or Provincial Laws that would be applicable to your call campaign.
You agree it is your sole responsibility to keep up to date and follow all laws and DO NOT CALL rules and or restrictions set out by the authorities that govern the use of services provided through the Automated Dialing Platform.
You understand that you should allow persons on your calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.
You will clearly state the identity of the caller at the beginning of your audio message and provide proper contact information such as phone number and address during call as the law requires.
You understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
You will not send unsolicited audio messages to those who will incur charges unless proper prior permission has been obtain by the recipient or as the law requires.
You will not send pre-recorded sales messages to those with whom you do not have a business relationship with and to whom you have not received permission to call.