Please read this Agreement carefully before accessing or using chimpbuddy.com ("Website"). By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pocket Product, acceptance is expressly limited to these terms.
The following terms and conditions govern all use of the Website and all content,
services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained
Pocket Product LLC (“Pocket Product”) runs an email subscription service called ChimpBuddy.
ChimpBuddy is intended to be used with MailChimp.
By logging into ChimpBuddy, you are granting ChimpBuddy permission to connect to your MailChimp account, and subscribe/unsubscribe people
on your behalf. At any time, you may revoke this permission by going to your MailChimp account page and remove ChimpBuddy as
an authorized application.
Because ChimpBuddy relies on access to MailChimp's API, we require our users to comply with
and Acceptable Use Policy.
Violation of either may result in termination of your ChimpBuddy account.
- Service on the Website is only offered to users 18 years of age or older. If you are under 18 years old,
please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 18 years of age or older.
- Your Account and Site. If you login to the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under
the account. You must immediately notify Pocket Product of any unauthorized uses of your account or any other breaches of security.
Pocket Product will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Payment and Renewal.
- General Terms.
Paid services are available on the Website. By selecting these services you agree to pay Pocket Product
the monthly or annual subscription fees indicated for that service.
Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal.
Unless you notify Pocket Product before the end of the applicable subscription period
that you want to cancel service, your service subscription will automatically renew and you
authorize us to collect the then-applicable annual or monthly subscription fee for such service
using any credit card or other payment mechanism we have on record for you.
- Intellectual Property. This Agreement does not transfer from Pocket Product to you any Pocket Product or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pocket Product. Pocket Product, ChimpBuddy, and all other trademarks, service marks, graphics and logos used in connection with chimpbuddy.com, or
the Website are trademarks or registered trademarks of Pocket Product or Pocket Product’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pocket Product or third-party trademarks.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using chimpbuddy.com within the designated notice period. Your continued use of chimpbuddy.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. Pocket Product may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your chimpbuddy.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Pocket Product and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pocket Product nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Pocket Product, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pocket Product under this agreement during the twelve (12) month period prior to the cause of action. Pocket Product shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Pocket Product, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Pocket Product
and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Pocket Product, or by the posting by Pocket Product of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will
be governed by the laws of the State
of Oregon, USA, as applied to agreements entered into and to be performed in Oregon by Oregon residents.
The parties consent to the exclusive jurisdiction and venue of the courts located in and serving
Multnomah County, in the City of Portland, in the State of Oregon, USA.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pocket Product may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.