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justClick Blast (the "Services"), a product of justClick media, provides businesses and web site operators a software application to create, launch, and manage online email campaigns and newsletters. The Service must not be used for the sending of unsolicited email (sometimes called "spam").
See our Anti-Spam Policy. By clicking the 'I accept these terms and conditions' button and purchasing a subscription to, you accept these Terms and Conditions:
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All Services provided by justClick Blast are subject without limitation to this Agreement. The services are also subject to justClick Blast’s Privacy Policy and justClick Blast’s Anti-Spam Policy. justClick media may modify the terms of the Agreement and may discontinue, or revise any or all other aspects of the Services at its sole discretion. Updated versions of this Agreement on the Services will be posted on the Terms & Conditions page on justClick Blast.com. All changes become effective upon the posting of the revised Agreement on the Services. |
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The Services are available only to individuals who can form legally binding
contracts. |
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You must complete the registration form on the Sign Up page in order to use the services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. justClick media reserves the right to refuse registration, or cancel accounts if it deems inappropriate. |
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The Services will be subject to monthly, bi-annual, or annual subscription fees. Once you have completed your free trial period, your access to will be suspended unless you take a subscription. You will be notified via email of the termination of your free trial period, and may at that time purchase, in advance, a monthly, bi-annual, or annual subscription. |
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Monthly, bi-annual, or annual subscriptions are billed monthly, bi-annually, or annually, in advance, according to the Fee Schedule selected by you at sign up. Monthly, bi-annual, and annual send credits expire at the end of each period, but extra send credits do not. The Fee Schedule, including subscriber levels and prices, are subject to change at any time. |
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Payment of your justClick Blast Subscription will be made by a valid credit card accepted by justClick media using the Linkpoint transaction system. You hereby authorize justClick media to charge your credit card for such amounts on a regular basis, generally on the renewal date of your Subscription to justClick Blast. Fees are payable in US dollars. If justClick media, for any reason is unable to effect automatic payment via your credit card, you will be notified via email and your justClick Blast account will be disabled until payment is received. |
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Refunds - Given at least 5 working days notice in writing, justClick media may offer a refund, at their discretion. |
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justClick Blast staff will charge $25 per every 30 minutes for any walk-through process over the phone or live chat that is explained in any of our help sections including Manuals, Q.A., Tutorials and others. |
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This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the services or any Software. |
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If you are using the Services in any country in the US, or the European
Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs. |
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You acknowledge and agree that justClick Blast and the justClick media company names and logos and all related product and service names, design marks and slogans, are the property of justClick media or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of justClick media Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. |
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You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless justClick media against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys'fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of justClick Blast. Although justClick media has no obligation to monitor the content provided by you or your use of the Services, justClick media, may do so and may remove any such content or prohibit any use of justClick
Blast, if it believes it is(or is alleged to be) in violation of the foregoing. |
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Every email message sent via justClick Blast must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. justClick media may immediately disable your access to justClick Blast if you violate this restriction. |
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The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the United States federal or state law, the European Community, or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. |
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For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by justClick Blast". You agree to cooperate with and provide reasonable assistance to justClick media in promoting and advertising justClick Blast. |
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justClick Blast and justClick media will not share information you may upload (such as email addresses, name, contact information, or other registration information) to justClick Blast. justClick media, may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller or Franchise of justClick media, justClick Blast may share your information with the Reseller or Franchise. |
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justClick media will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. justClick Blast will not use your customer information for the purpose of sending unsolicited commercial email. |
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You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by justClick media from time to time. |
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If your account is terminated due to Spam Complaints and/or fraud, amounts previously charged will not be refunded under any cirscumstances. |
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You may terminate this Agreement at any time by sending an email message to support@justClick Blast.com. |
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justClick media may immediately terminate this Agreement, and suspend access to justClick Blast without refund if you are in violation of any of terms outlined in section 2. Restrictions and Responsibilities. |
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justClick media will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. |
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. justClick media DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND justClick media DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or non-performance of the services shall be for justClick media to use commercially reasonable efforts to adjust or repair the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL justClick media OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "justClick media") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF justClick media SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, EMAIL LOGICS IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, THE LIABILITY OF justClick media TO YOU, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remaining in full force and effect.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement. Any waivers and modifications must be in a writing a signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind justClick media in any respect.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Agreement shall be governed by the laws of Irvine, CA, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Irvine, CA.
By accepting the terms and conditions you are agreeing to receive all email newsletters/surveys sent or distributed by justClickmedia / justClickBlast and any of its affiliates.
justClick Blast is a trade name of justClick media.
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