What Types of User Information Does Unbox Marketing Inc. Obtain?
Unbox Marketing Inc. may obtain the following types of information from you or concerning your computer or device (“Information”), which may include inyformation that can be used to identify you as specified below (“Personally Identifiable Information”):
Credit Card Information
Blog or Website URL
Social Networking Handle or Username
Demographic Information (e.g., age, gender, interests, and preferences)
Activities or Content Viewed on Unbox Marketing Inc.
Information Collected Automatically ( detailed below )
Information Received from Third Parties ( detailed below )
In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as registering for the The Thunderbolt Accelerated Marketing Beta Program + Bonus or logging in to download reports). If you choose not to provide the Information we request, you may still use Unbox Marketing Inc., but you may be unable to access certain features or services.
When you register to receive any products or services from Unbox Marketing Inc. or provide information to Unbox Marketing Inc. in any other manner, you agree to provide only true, accurate, current and complete information.
Information Collected Automatically
Unbox Marketing Inc. may automatically receive and log certain types of information when you visit or interact with our website’s, services, mobile applications or other products, including:
Operating System Information
Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
Internet Service Provider
Time of Visit
Referring Site, Application, or Service
Information Received from Third Parties
Events and Webinars
If you register for events or webinars provided by Unbox Marketing Inc., we may receive Information about you from the service providers that host or process registration for these programs or that provide other services to support these programs (such as technical support), which may include certain Personally Identifying Information identified above.
Third Party Websites/Social Networking Sites
If you choose to use any third party website or service that is integrated with Unbox Marketing Inc., including a third party social networking or blogging site, such as LinkedIn, Facebook, Twitter or WordPress (“Third Party Websites”) – or if you use any Unbox Marketing Inc. application provided through any Third Party Website – we may receive Information, including Personally Identifying Information, from such Third Party Websites, including, but not limited to:
Nickname or Username
Photo or Graphic Avatar
Unique Third Party Website Identifier (e.g., Facebook User ID)
Biographical or Demographic Information (e.g. professional title, gender, college attended, etc.)
Likes and Interests
Any Information That Is Publicly Available on Third Party Websites
For example, Unbox Marketing Inc. may offer the ability to use certain Third Party Websites to facilitate your registration on Unbox Marketing Inc.. We may also use information about your profile and connections on Third Party Websites to allow you to share or connect with your friends and contacts on Unbox Marketing Inc. or to personalize your experience. In addition, Unbox Marketing Inc. offers “plug ins” and “widgets” from various Third Party Websites that allow you to share Unbox Marketing Inc. content off of our service, as discussed in “Disclosure of Information to Third Parties”.
Your decision to use, or share with, a Third Party Website when accessing or using Unbox Marketing Inc. products and services is completely voluntary. Unbox Marketing Inc. is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Unbox Marketing Inc. by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.
How Do We Use This Information?
We use the Information we obtain from or concerning you or your computer or device to provide Unbox Marketing Inc. products and services, fulfill your requests, improve our products and services, personalize and tailor your experience on Unbox Marketing Inc.l, operate our business, and understand how users are engaging with Unbox Marketing Inc..
In addition, we may use Information from or concerning you or your computer or device to facilitate the delivery of content or advertisements that we believe may be of interest to you, or to communicate with you about new or existing products and services or special offers. For example, we may periodically send promotional materials or notifications related to our products and services to the email address associated with your account.
Unbox Marketing Inc. may place “cookies” on your computer or device that may contain anonymous Information that is associated with you. Cookies are small text files a website uses to recognize users, and are typically placed on your hard disk by a web server. Cookies contain information that can later be read by a web server in the domain (here, Unbox Marketing Inc.) that issued the cookie to you or that, in some cases, can be read by a third party domain.
Our cookies may record Information about your use of Unbox Marketing Inc. so that we can provide a continuous and more personalized experience for you, including for one or more of the following purposes: to help identify visitors; assess usage patterns; identify preferences; control the display of ads; diagnose problems with our servers; gather demographic information; analyze trends and usage patterns; conduct research; deliver editorial content; record registration and personalized information; and otherwise administer Unbox Marketing Inc. products and services.
Reviewing and Modifying Your Personally Identifying Information
We offer several ways for you to update Personally Identifying Information that is obtained and stored by Unbox Marketing Inc., or to change your account preferences on Unbox Marketing Inc.l:
If you have an online account with Unbox Marketing Inc., you can update or change your account information by emailing firstname.lastname@example.org
You may unsubscribe to any of our e-mail updates or products by following the unsubscribe instructions in the body of any message (see Email or Text Message Communications below)
You may contact us at email@example.com.
Disclosure of Information to Third Parties
If your employer or another party provides you with a subscription to Unbox Marketing Inc., we may notify the provider when you access or use your subscription. When providing such notices, we may disclose Personally Identifying Information, such as your name or email address.
Unbox Marketing Inc. relies on third party vendors and service providers to provide support and assistance for its products, services and events (“Service Providers”), and we may disclose your Information (including Personally Identifying Information) to these Service Providers to the extent necessary to support our products, services or events, or as otherwise set forth below.
Unbox Marketing Inc. uses third party payment processors, including PayPal, CyberSource, Litle, Stripe, and Authorize.net, to process financial payments for certain Unbox Marketing Inc. services. When you make payments to Unbox Marketing Inc. and/or obtain certain Unbox Marketing Inc. products or services, Unbox Marketing Inc. may transfer certain Information (including Personally Identifying Information) to these payment processors for the sole purpose of facilitating the payment transaction, such as your Name, Address, and Credit Card Information.
Unbox Marketing Inc. uses third parties, such as EventBrite, to process registration for Unbox Marketing Inc. events and programs. Unbox Marketing Inc. may provide your Information (including Personally Identifying Information) to such registration services when you register for a Unbox Marketing Inc. event or program. In addition, as discussed below, Unbox Marketing Inc. (or its third party registration service) may provide your Information (including Personally Identifying Information) to companies that sponsor or underwrite portions of an event that you register for, attend, or view.
Unbox Marketing Inc. website services are hosted by WP Engine, an enterprise web publishing platform. All Information obtained and stored by Unbox Marketing Inc.’s websites (see What Types of User Information Does IUnbox Marketing Inc. Obtain?) is processed and stored on servers that are owned and operated by WP Engine.
Unbox Marketing Inc. uses third parties, such as GoToWebinar, Webinar Jam, Wufoo, and Wistia, to process registration and/or host and provide technical support for Unbox Marketing Inc. webinars. If you register for and/or download or view a Unbox Marketing Inc. webinar, Unbox Marketing Inc. may provide your Information (including Personally Identifying Information) to these third parties to facilitate registration and access to the webinar. In addition, as discussed below, Unbox Marketing Inc. (or its third party registration service) may provide your Information (including Personally Identifying Information) to companies that sponsor or underwrite portions of a webinar that you register for, download, or view.
Third Party Sponsors
If you have elected to register for one of our sponsored webinars or events, or to access research or content from Unbox Marketing Inc., we may share your Information (including Personally Identifying Information) with business partner(s) and/or sponsor(s) of the webinar, event, research and/or content. You agree that these sponsor(s) and/or business partner(s) may use your Personally Identifying Information to contact you to provide additional information about their products or services.
Third Party Websites
Unbox Marketing Inc. offers the ability to share Unbox Marketing Inc. content on Third Party Websites, including social networking and blogging services such as LinkedIn or Facebook, through “plugins” or “widgets” (such as LinkedIn’s “in” button or Facebook’s “Like” button). When you elect to share content and information with others on Third Party Websites, Unbox Marketing Inc. may transmit your Information (including Personally Identifying Information) to such Third Party Websites. This Information may be visible on the Third Party Website to anyone who has access to that content or Information. Your decision to share information in this manner is completely voluntary. You should ensure that you are comfortable with how Third Party Websites may share your Information by reviewing their privacy policies and/or modifying your privacy settings directly on those Third Party Websites.
URL/Referrer Header Information
When you visit Unbox Marketing Inc. websites, certain information about the content or activities you have engaged in on Unbox Marketing Inc. may be reflected in the Uniform Resource Locator (“URL”) for the page you are viewing on Unbox Marketing Inc. (i.e., the Internet “address,” commonly displayed in the browser window). For example, the date or title of an article you are viewing may appear in the URL for that page. In addition, if you are logged into a Unbox Marketing Inc. account, certain account information (may be visible in the URL when you visit your account on Unbox Marketing Inc.. If you leave Unbox Marketing Inc. to visit a third party website, including when you click on an advertisement or link or when you share information through a social plug-in (like the Linked In “in” button), the information contained in the URL may be transmitted to the third party website by your browser.
Advertisers and Analytics Services
As discussed in (“Third-Party Advertising on Unbox Marketing Inc.”), Unbox Marketing Inc. uses third party advertisers, including ad networks, to provide advertising on its websites. In addition, as discussed in (“Analytics Services”), Unbox Marketing Inc. uses third party analytics products to obtain information about how users are using and interacting with Unbox Marketing Inc.. These third parties may receive Information (including Personally Identifying Information) from Unbox Marketing Inc. as discussed in greater detail in (“Security and Protection of Personally Identifying Information”).
Law Enforcement/Legal Process
Comments and Public Posts; Sharing on Third-Party Websites
Unbox Marketing Inc. encourages active participation by users, including through comments on Unbox Marketing Inc.. However, please be aware that if you voluntarily disclose Information, personal or otherwise, on Unbox Marketing Inc., that Information can be viewed, collected and used by others, including other users, search engines, advertisers, third party applications developers, and anyone with access to Unbox Marketing Inc..Unbox Marketing Inc. has no control over the use, collection or disclosure of any Information that you post publicly on Unbox Marketing Inc..
Change of Control
If Unbox Marketing Inc., or substantially all of its assets, is acquired by another company or party, user Information will be one of the assets transferred or acquired by the purchaser. You acknowledge that such transfers may occur, and that any purchaser of Unbox Marketing Inc. or its assets may continue to collect, use and disclose your Information as set forth in this Policy.
Third-Party Advertising on Unbox Marketing Inc.
Unbox Marketing Inc. may allow third party advertising serving companies, including ad networks (“Advertisers”), to display advertisements or provide other advertising services on Unbox Marketing Inc.. These third party Advertisers may use techniques other than HTTP cookies to recognize your computer or device and/or to collect and record demographic and other Information about you, including your activities on or off Unbox Marketing Inc.. These techniques may be used directly on Unbox Marketing Inc.. Please keep in mind that your web browser may not permit you to block the use of these techniques, and that browser settings that block conventional cookies may have no effect on such techniques.
Advertisers may use the information collected to display advertisements that are tailored to your interests or background and/or associate such information with your subsequent visits, purchases or other activities on other websites. Advertisers may also share this information with their clients or other third parties.
Unbox Marketing Inc. currently may be using one or more of the following Advertisers to provide advertising and related services on Unbox Marketing Inc.. If you would like to know about their information gathering and privacy practices, please visit the links below
Unbox Marketing Inc. uses the Standard Terms and Conditions set forth by the Internet Advertising Bureau (IAB). See Standard Terms and Conditions
In addition, Unbox Marketing Inc. uses third party analytics providers and products to obtain, compile and analyze Information (that may include Personally Identifying Information) about how users are using and interacting with Unbox Marketing Inc.. Unbox Marketing Inc. may provide Information (including Personally Identifying Information) to these analytics providers for the purpose of obtaining statistics and other information about how users are using and interacting with Unbox Marketing Inc.. These analytics providers may use tracking techniques other than HTTP cookies to recognize your computer or device and/or to collect or compile this information. These techniques may be used directly on Unbox Marketing Inc. Unbox Marketing Inc. has no responsibility for the technologies, tools or practices of the third parties that providing analytics products and services to Unbox Marketing Inc.. Please also keep in mind that your web browser may not permit you to block the use of these techniques, and that browser settings that block conventional cookies may have no effect on such techniques.
Security and Protection of Personally Identifying Information
We have implemented reasonable security measures and practices in an effort to protect the confidentiality of your Personally Identifying Information (other than Personally Identifying Information that you have elected to disclose to others). However, no security system is impenetrable. It may be possible for third parties to intercept or access information you provide to Unbox Marketing Inc.. Unbox Marketing Inc. cannot guarantee the security of your Personally Identifying Information, nor can we guarantee that information you supply will not be intercepted while being transmitted to Unbox Marketing Inc.. It is important for you to protect against unauthorized access to your password(s) and computer or device, and to log off when using any shared computer.
Email or Text Message Communications
We may contact you by e-mail, text message or other equivalent electronic communications if you access Unbox Marketing Inc. products or services or register for events, webinars or other content or services provided by Unbox Marketing Inc.. By visiting or using Unbox Marketing Inc. content, products or services, or registering for or attending Unbox Marketing Inc. events or webinars, you specifically consent to the receipt of these e-mail or text message communications. If you do not want to receive emails, text messages or other communications from us, please notify us by email at firstname.lastname@example.org and include sufficient information for us to identify your account, including your Name, Email Address (or Cellphone Number) and the specifics of your request. If you unsubscribe, Unbox Marketing Inc. may still contact you via email or text message for administrative purposes or concerning any products, services or events for which you have registered or are using.
How to Contact Us
Unbox Marketing Inc. LLC
ATTN: Kris Daniel Gonsalves – Privacy
447 Raymerville Drive, Markham, ON, L3P 6K7
Effective October 27th, 2016
1.1. In General. Any opinions expressed by the contributors, authors and moderators who post content to Unbox Marketing Inc. are the personal opinions of the authors, not of Unbox Marketing Inc., whether or not the authors are employees or contractors of Unbox Marketing Inc. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Unbox Marketing Inc. or any other party.
1.2. Ownership. The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by Unbox Marketing Inc. or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of Unbox Marketing Inc. or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any Unbox Marketing Inc. logo or proprietary graphic or trademark without Unbox Marketing Inc.’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in Unbox Marketing Inc. and/or its content providers or licensors. Unbox Marketing Inc. reserves any rights not expressly granted in this Agreement.
1.3. Limited License. Subject to your strict compliance with this Agreement, Unbox Marketing Inc. grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through Unbox Marketing Inc. Advanced Consulting and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in Unbox Marketing Inc.’s sole discretion, and without advance notice or liability.
2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Unbox Marketing Inc.; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2.2. Unbox Marketing Inc.’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Unbox Marketing Inc. in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Unbox Marketing Inc. reserves the right to treat User Submissions as content stored at the direction of users for which Unbox Marketing Inc. will not exercise control except to block or remove content that comes to Unbox Marketing Inc.’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Unbox Marketing Inc., or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Unbox Marketing Inc.’s attention. However, Unbox Marketing Inc. shall not be responsible for controlling or editing any Content, and Unbox Marketing Inc. has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.
2.3. License to Unbox Marketing Inc. of Your User Submissions. You hereby grant to Unbox Marketing Inc., and you agree to grant to Unbox Marketing Inc., a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Unbox Marketing Inc. to your User Submissions, you also hereby grant to Unbox Marketing Inc., and agree to grant to Unbox Marketing Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Unbox Marketing Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Unbox Marketing Inc. the rights to it that you are granting by this Agreement, all without any Unbox Marketing Inc. obligation to obtain consent of any third party and without creating any obligation or liability of Unbox Marketing Inc.; (B) the User Submission is accurate; (C) the User Submission does not and, as to Unbox Marketing Inc.’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.
2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Unbox Marketing Inc. does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Unbox Marketing Inc. (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Unbox Marketing Inc. may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
If you believe in good faith that material or Content available on Unbox Marketing Inc. infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Unbox Marketing Inc. in accordance with Unbox Marketing Inc.’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at http://unboxmarketing.com/copyright/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5 .1. In General. Unbox Marketing Inc. offers the opportunity to sign up to obtain enhanced content and features through Unbox Marketing Inc. Advanced Consulting. By using or accessing any products, content, features, services or events offered through Unbox Marketing Inc. Advanced Consulting, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of Unbox Marketing Inc. Advanced Consulting and shall not apply to the use of any of the Services other than Unbox Marketing Inc. Advanced Consulting.
5.2. Unbox Marketing Inc. Advanced Consulting Account. In order to access certain features of Unbox Marketing Inc. Advanced Consulting, you will be required to create an online account (the “Premium Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Premium Account; (B) refrain from sharing your Premium Account password or from allowing access to your Premium Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using Unbox Marketing Inc. Advanced Consulting and the Premium Account; (D) be responsible for all charges resulting from use of your Premium Account, including unauthorized use prior to your notifying Unbox Marketing Inc. in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of Unbox Marketing Inc. Advanced Consulting.
5.3. Fees; Payment Terms; Account Cancellation.
Unbox Marketing Inc., LLC
447 Raymerville Drive, Markham, ON, L3P 6K7
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5.4. Limited License to Unbox Marketing Inc. Advanced Consulting Users. Subject to your strict compliance with this Agreement, Unbox Marketing Inc. grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on Unbox Marketing Inc. Advanced Consulting (the “Unbox Marketing Inc. Advanced Consulting Content”) as described below. You may:
Except as expressly provided in this Section 5.4, you may not post or otherwise distribute Unbox Marketing Inc. Advanced Consulting Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Unbox Marketing Inc. Advanced Consulting Content, and (B) may be immediately suspended or terminated for any reason, in Unbox Marketing Inc.’s sole discretion, and without advance notice or liability.
THE SERVICES ARE PROVIDED BY Unbox Marketing Inc. ON AN “AS IS” BASIS. Unbox Marketing Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Unbox Marketing Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. Unbox Marketing Inc. MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
IN NO EVENT WILL Unbox Marketing Inc. BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF Unbox Marketing Inc. MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by Unbox Marketing Inc. from its facilities in the United States of America. Unbox Marketing Inc. makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Unbox Marketing Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
YOU AGREE THAT NEITHER Unbox Marketing Inc. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE Unbox Marketing Inc. SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT Unbox Marketing Inc. SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Unbox Marketing Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF Unbox Marketing Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Unbox Marketing Inc.; or (B) as set forth below in Section 12.2.
12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the unboxmarketing.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on unboxmarketing.com the first time that you visit unboxmarketing.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on unboxmarketing.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
13.1. In General. Certain portions of this Section 13 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Unbox Marketing Inc. agree that we intend that this Section 13 satisfies the “writing” requirement of the Federal Arbitration Act.
13.2. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User Submissions, or this Agreement (collectively, “Dispute”), or to any of Unbox Marketing Inc.’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 13.5 below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this Section 13.2. Your notice to us must be sent to:
Unbox Marketing Inc., LLC
447, Raymerville Drive Markham ON, Canada
For a period of 60 days from the date of receipt of notice from the other party, Unbox Marketing Inc. and you will engage in a good faith dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Unbox Marketing Inc. to resolve the Dispute or Excluded Dispute on terms with respect to which you and Unbox Marketing Inc., in each party’s sole discretion, are not comfortable.
13.3. Forums for Alternative Dispute Resolution.
Arbitration. If we cannot resolve a Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13.3. If we cannot resolve an Excluded Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Excluded Dispute arises), then either you or we may submit the Excluded Dispute to formal arbitration only if you and Unbox Marketing Inc. consent, in a writing signed by you and Unbox Marketing Inc.’s General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 13.3.
Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Unbox Marketing Inc. elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Unbox Marketing Inc. do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 13.3.A, then this paragraph and the remainder of this Section 13.3 will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Unbox Marketing Inc. consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in San Francisco, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Unbox Marketing Inc. shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Unbox Marketing Inc. to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Unbox Marketing Inc. will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
13.4. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.2 ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
13.5. Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by Unbox Marketing Inc. to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and/or Unbox Marketing Inc.’s intellectual property rights (including such Unbox Marketing Inc. may claim that may be in dispute), Unbox Marketing Inc.’s operations, and/or Unbox Marketing Inc.’s products or services.
13.6. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes (but not Excluded Disputes) in small claims court.
13.7. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 13.3.A above holds that this restriction is unconscionable or unenforceable, then our agreement in Section 13.3 above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 13.8 below.
13.8. Federal and State Courts in San Francisco. Except to the extent that arbitration is required in Section 13.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in San Francisco, California. Accordingly, you and Unbox Marketing Inc. consent to the exclusive personal jurisdiction and venue of such courts for such matters.
13.9. Applicable Law. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflict of law provisions.
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Unbox Marketing Inc. may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Unbox Marketing Inc. account or by written communication delivered by first class U.S. mail to your address on record. You may give notice to Unbox Marketing Inc. at any time via electronic mail to the following address: email@example.com.
Unbox Marketing Inc. may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with Unbox Marketing Inc.’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Unbox Marketing Inc. in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.
PERSONAL AND NON-PERSONAL INFORMATION
WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?
Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways: • When you send us an application or other form • When you conduct a transaction with us, our affiliates, or others • When we collect information about in you in support of a transaction, such as credit card information • In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.
ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?
HOW DOES Unbox Marketing Inc. USE PERSONAL INFORMATION?
Unbox Marketing Inc. may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content. Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.
DOES Unbox Marketing Inc. SHARE PERSONAL INFORMATION WITH OTHERS?
HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?
We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
HOW IS PERSONAL INFORMATION SECURED?
We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.
This site contains links to other sites that provide information that we consider to be interesting. Unbox Marketing Inc. is not responsible for the privacy practices or the content of such web sites.
This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. Unbox Marketing Inc. does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.
HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at firstname.lastname@example.org
Unbox Marketing Inc. will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS
COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Unless otherwise stated on the specific products sales page and order form all of our products, programs and services come with an action based 30 day money back guarantee.
What are the conditions for the guarantee? Very simple: All we ask is that you actually take action in the product or program and give it a solid go. You must complete at least Week 1 through to Week 4 in order to qualify for a refund and we will ask you to provide the work you have completed should you ask for one. We also require you to do this within 30 days from the date of purchase. Those are the terms plain and simple and they are very fair.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: email@example.com
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries
Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
No Earnings Projections, Promises Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Unbox Marketing Inc. products, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Unbox Marketing Inc. products.
(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at http://unboxmarketing.com depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Unbox Marketing Inc. products, and/or any monies spent setting up, operating, and/or marketing Unbox Marketing Inc. products, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Unbox Marketing Inc. products has been arbitrarily set by us. This price bears no relationship to objective standards.
Unbox Marketing Inc. respects the intellectual property rights of others. You can notify Unbox Marketing Inc. of possible copyright infringement, and Unbox Marketing Inc. will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on Website reasonably sufficient to permit Unbox Marketing Inc. to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”)(the “Designated Agent”). The contact information for the Designated Agent is listed below.
PLEASE NOTE THAT, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE PENALTIES MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED BY A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If the Unbox Marketing Inc. user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Unbox Marketing Inc. is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Unbox Marketing Inc. may send a copy of the counter-notice to the original complaining party informing that person that Unbox Marketing Inc. may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 business days or more after receipt of the counter-notice, at Unbox Marketing Inc.’s discretion.
Please contact Unbox Marketing Inc.’s Designated Agent at the following address: