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The technology for this email list management service is provided by Web-Translations Limited (“Web-Translations”) and is furnished “as is” under this Agreement. Nourish (“Nourish”) is the official name of the Blog Broadcasting Service and is owned by Web-Translations. You must read this Agreement and agree to its terms before you may create an account for and use Nourish.
Nourish and any associated Documentation are and shall remain the sole and exclusive property of Web-Translations, and is copyrighted and licensed, not sold.
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You must include subscribe/unsubscribe information provided by Web-Translations in each message you send using Nourish. You must also honor in a timely manner all unsubscribe requests sent directly to you from those who elected not to use Nourishs automated subscribe/unsubscribe features, regardless of how harsh or unpleasant the unsubscribe request may be.
You may not use Nourish to:
You acknowledge that Nourish contains valuable trade secrets of Web-Translations and you agree to maintain the confidentiality of Web-Translations using at least the same degree of care you use with your own confidential information.
You acknowledge that upon your breach of Sections 2.3 or 2.4, Web-Translations shall be entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. Web-Translations may also seek damages as a result of such breach.
This Agreement is effective from the date you create an account on Nourish and shall continue for an indefinite period of time unless or until the account is terminated either by you or by Web-Translations. Web-Translations MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON TERMINATION OF THIS LICENSE. YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. Web-Translations may terminate this Agreement immediately if: i) you fail to comply with the terms of this Agreement, ii) your account is dormant for a period of 90 consecutive days, iii) the Nourish service is discontinued, or iv) you have an overdue balance for any non-free services or products purchased on or through the Nourish website. If we do so, you must immediately stop using Nourish and associated Documentation, including sample documents provided within Nourish, and all copies you made of them.
You agree to reimburse Web-Translations for any fees incurred Web-Translations in collecting your payment, such as, but not limited to, bad check processing fees, credit card chargeback fees, and legal fees.
Nourish may have errors and may produce unexpected results. You agree that any use of Nourish will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. You may not allow a third party to use your Nourish account and agree to indemnify and hold Web-Translations harmless from any damages or claims arising from such use by any third party.
Use of templates or samples provided in Web-Translations in the future shall be subject to their own Use and Disclaimer notices which shall be displayed within those templates or samples.
NOURISH IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Web-Translations DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Web-Translations DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN NOURISH WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT NOURISH WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN NOURISH WILL BE CORRECTED, OR THAT NOURISH IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
If you receive a claim that the use of Nourish infringes a patent, copyright or other intellectual property right, you must promptly notify Web-Translations in writing. Web-Translations, at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use Nourish, (iii) modify or replace Nourish to avoid infringement; or (iv) refund the credit fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against Web-Translations arising out of or in connection with Web-Translations, whether made or suffered by you or another person and whether based in contract or tort.
IN NO EVENT WILL Web-Translations BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE NOURISH, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF Web-Translations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby assign to Web-Translations all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of Nourish or the Documentation you provide to Web-Translations. If Web-Translations requires it, you will sign an appropriate document to assign such rights.
You will ensure that anyone in your organization or affiliated entities who uses Nourish (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
Web-Translations will not provide program services or technical support except as indicated on the Features list, which may change at any time.
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The parties consent to the jurisdiction of the courts of the NSW and the federal courts located within the NSW, and any disputes shall be litigated solely in those courts. If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. Neither of the parties shall be liable for failures due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers. You warrant that you will comply with all applicable laws and regulations that relate to the performance of this Agreement.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM AUSTRALIA OF NOURISH OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF AUSTRALIA. YOU SHALL NOT EXPORT NOURISH, THE DOCUMENTATION, OR INFORMATION ABOUT NOURISH, AND THE DOCUMENTATION WITHOUT CONSENT OF Web-Translations AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement constitutes the entire Agreement, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties.