My Voice Over Business Builder Terms of Service
Effective date: August 17, 2018
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY AS THEY REPRESENT A BINDING LEGAL AGREEMENT BETWEEN YOU AND MY VOICE OVER BUSINESS BUILDER. BY USING MY VOICE OVER BUSINESS BUILDER OR BY SIGNING UP FOR AN ACCOUNT, YOU AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT USE THIS WEBSITE OR THE SERVICES.
This Website and our Services are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Impact Communications Group and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use the Services.
1. General Terms.
a. Scope. These Terms of Service (“Agreement”) define the terms and conditions under which you are allowed to use the services offered through My Voice Over Business Builder (“MVOBB”, “We”, “Us”, “Our”) as described on this Website (“Services”). You understand that Our Services involve the use of Third Party Services to send the marketing communications on your behalf and that We are not an electronic communications providers or remote communications provider.
b. Agreement. This Agreement hereby incorporates the Privacy Notice available at https://www.mvobb.com/privacy-policy, as updated from time to time. This Agreement governs any Services, including any Custom Works, and other deliverable marketing communications ordered through the order forms or any statements of work made through the Website or with MVOBB which incorporates this Agreement. In the event of any conflict between the terms of this Agreement and the other incorporated documents, the conflict shall be resolved in the following order of precedence: 1) This Agreement; 2) Privacy Notice; 3) Ordering Documents; and 4) any other document.
c. Changes to these Terms. MVOBB may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
d. Account Registration and Access. In order to gain access and utilize our Services, you are required to create an account with Us (“User Account”). It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You are advised to keep your User Account information confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security, otherwise you will be deemed solely responsible for all activities that occur under your User Account, whether or not specifically authorized by you, and for any damages, expenses or losses that may result therefrom.
a. Subscription Services. Services are offered through monthly subscription plus a one-time setup fee. Services are offered on various Plan Levels. You are responsible for obtaining all hardware, software, and services necessary to access and utilize our Services. You acknowledge and agree that certain features of the Services depend on the continuing availability of Third-Party Services. If the providers of such Third-Party Services cease to make their services or products available, We may cease providing or modify any affected Services and/or features without refund, credit, or compensation to you.
a. Term. The Agreement between you and Us is formed upon registration of your User Account, and the term of the Agreement (“Term”) shall begin at that time. The Term shall continue for as long as you maintain a User Account or until the Agreement is terminated by either party pursuant to this Agreement, whichever comes first. Your signing up for a User Account and clicking the appropriate box means you have accepted this Agreement and the Term has begun.
b. Termination. You may discontinue to use and request to cancel your User Account and/or any of Our Services at any time in accordance with this Agreement or applicable instructions. The effective date and time for cancellation of a User Account shall be the date and time in which you have completed the cancellation process, and the effective date for cancellation of any paid Services shall be at the end of the applicable paid Services subscription period. Notwithstanding the foregoing, all automatically-renewed subscriptions to paid Services will be discontinued only upon the expiration of the respective period for which you have already made payment. The cancellation process may take several days, so cancellation requests should be made at least one week prior to expiration of the then-current service period to avoid automatic payment charges. We may cancel or suspend, in our discretion, your User Account and any Services for your failure to comply with any of terms of this Agreement and/or your failure to pay any Plan Fees when due.
4. Fees, Payment, and Taxes.
a. Setup Fees. Account Users shall pay a one-time, non-refundable setup fee, due at signup.
b. Plan Fees. Applicable Service Fees will be billed monthly at the applicable Plan Level rate. You will be responsible for all payments of all applicable Service Fees set forth in your specific plan level. The Service Fees are subject to change at any time in our sole discretion and are effective upon notice to you. If you do not agree to such changes, you must contact us to cancel your User Account. We will use Our good-faith efforts to provide you notice of Service Fee changes and their effective date.
c. Payment of Fees. All applicable Service Fees shall be paid by credit card or direct debit from a financial account. All the fees including recurring fees (including third party transaction fees), and any other applicable fees will be charged automatically to the credit card or financial account on file. You authorize Us to charge any due amount to your credit card or financial account on file on a recurring basis. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
d. Taxes. All Service Fees and other amounts payable by you under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use, and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Our income.
e. Billing Disputes. In the event you dispute in good faith any portion of a charge by Us, you must submit notice of such dispute to us in writing within 30 days of the date such charges are incurred. You agree that any disputes not submitted within the 30 day period are waived, and all charges will be final and not subject to dispute.
5. Intellectual Property.
b. License Grant. By using the Services, submitting any Contact Lists (including names, email addresses, or phone numbers) information, data, text, software, photographs, graphics, audio/visual media, data, metadata, and/or other materials (“Content”) through the Services, or providing any Content to Us, you hereby grant MVOBB and its subcontractors a worldwide, non-exclusive, limited, revocable, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, and prepare derivative works of the Content solely in connection with the Services. For avoidance of doubt, the foregoing license granted to MVOBB and its subcontractors, does not affect your ownership or license rights in the Content (excluding any pre-existing intellectual property) unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to MVOBB and its Subcontractors without infringement or violation of moral rights or any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property rights. You represent and warrant that you either own or have permission to use all of the Content you submit to Us in the course of using the Services.
c. MVOBB’s Proprietary Rights. MVOBB retains all rights, title and interest in and to this Website and the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law. Subject to your full compliance with this Agreement, MVOBB hereby grants you, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services and applicable licensed content solely as expressly permitted under this Agreement. MVOBB does not convey any right or interest in or to MVOBB’s intellectual property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of MVOBB’s intellectual property rights under any law.
d. Custom Works. In the course of providing the Services, We may create Custom Works for you. Other than any of Our pre-existing intellectual property incorporated, embedded, or integrated into the Custom Works, you shall own all right title and interest in the Custom Works. We grant to You for the duration of this Agreement a worldwide, non-exclusive license to use Our pre-existing intellectual property solely in connection with an unmodified version of the Custom Works. You will not, and will not allow any employee or third party to copy, reverse-engineer, modify, improve, create derivative works of or use Our pre-existing intellectual property in any way outside of the Custom Works as delivered by Us to you.
e. User Feedback. You may provide feedback, suggestions, and comments to Us regarding the Services (“Feedback”). You hereby grants to Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, prepare derivative works, and otherwise fully exploit such Feedback in any medium or format, whether now known or later developed.
f. Rights of Publicity. You hereby agrees that We may reference you (or any legal entity associated with you) in marketing and public relations materials, including a press release announcing you as a customer. You hereby grant us a nonexclusive, worldwide license to use and display your trademarks, trade names and logos in connection with the foregoing.
6. Restrictions on Use.
i. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
ii. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
iii. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in this Agreement.
iv. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
v. To impersonate or attempt to impersonate Us, Our employees or agents, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
vi. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm Us or users of our Services or expose them to liability.
b. Restrictions on Use of this Website. Additionally, you agree not to:
i. Use our Website in any manner that could disable, overburden, damage, or impair Our Website or interfere with any other party's use of the Website, including their ability to engage in real time activities;
ii. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on this Website;
iii. Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent;
iv. Use any device, software or routine that interferes with the proper working of our website;
v. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
vi. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the servers on which this Website is stored, or any server, computer or database used to provide our Website or Services;
vii. Attack this Website via a denial-of-service attack or a distributed denial-of-service attack;
viii. Act in a manner that is damaging to Our reputation and/or goodwill, or which may bring Us disrepute;
ix. Otherwise attempt to interfere with the proper working of the Website or our Services.
7. Privacy and Acceptable Use.
a. Your Privacy Notice. As a condition of using the Services, you are required to adopt and comply with your own privacy notice. Your privacy notice shall be posted so that your subscribers have notice of your data collection and use practices, including your practices with respect to the use of personal data of our email marketing subscribers, and that you otherwise comply with applicable law.
b. No Spam. You agree that you will not use our Services to send spam, as defined here.
c. Sensitive Information. You agree that you will not provide any Content to us that contains any sensitive information, including the following: credit card numbers, financial account information, social security numbers, security credentials, personal health information, biometric data, health data of any kind, employment information, information about children under the age of 16, or any other information that is or could be considered sensitive personal information.
8. Your Products or Services. You are solely responsible for all statements, advertising, and information made with respect to your products, sales, services, promotions, deals, campaigns, or similar events, including compliance with any laws related thereto. We are not a party to or responsible for your relationship with any third parties, including the intended recipients of your marketing communications, or for their actions. Additionally, you agree to the following:
a. You shall be responsible for and bear all costs of and responsibility for procuring and delivering your products and/or services;
b. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding your products and/or services, and shall provide accurate and complete contact information in your marketing communications for any questions, complaints or claims;
c. You may not offer or sell any products, or provide any information, content or material regarding such products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export;
d. You shall inform your customers and any recipients of any marketing communications that MVOBB is not responsible for your products, sales, services, promotions, deals, campaigns, or similar events contained or referred to in your marketing communications.
9. Third Party Products/Services. As stated, you acknowledge and accept that Our Services are based on the continued availability of various Third Party Services. In order to utilize our Services, you are required to register for accounts with Third Party Service providers and provide Us access to such services. In doing so, you:
a. acknowledge and agree that access and use of such Third Party Services are governed solely by the terms and conditions of such Third Party Services to which you agree to be bound;
b. hereby permit Us to access and use such Third Party Services on your behalf and as your agent;
c. hereby permit the transmission of and access to your Customer Accounts to such Third Party Services;
d. agree to take all actions necessary to facilitate our use of such Third Party Services as are contemplated by this Agreement and the provision of Services;
e. agree that We are not liable for damage or loss caused or alleged to be caused by or in connection with our access or use of any Third Party Services;
f. waive all claims against us with respect to any such Third Party Services;
g. acknowledge and agree that We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data (including your data) or any interaction between end users and the provider of such Third Party Services.
10. Miscellaneous Terms
a. Headers. The headings in the Agreement do not affect its interpretation. References to sections are to sections of this Agreement.
b. Force Majeure. MVOBB will not be liable for any delays or failure in performance of any part of the Services, from any cause beyond MVOBB’s control. This includes, but is not limited to, acts of God, changes to Laws, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third party internet service providers.
c. Notices. Notices to you will be effective when We post them to our Website or send them to the email address associated with your User Account. Notices to Company will be effective when delivered to Company at:
My Voice Over Business Builder
18627 Brookhurst St. #4200
Fountain Valley, CA 92708
d. Governing Law. The Laws of the State of California, excluding its conflict of laws rules, will apply to any and all disputes arising out of or relating to the use of the Website, the Services or this Agreement (“Disputes”). All legal actions in connection with a Dispute under this Agreement will be subject to the non-exclusive jurisdiction of the courts exercising jurisdiction in California. The United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Sales Convention 1980”) is excluded from this Agreement.
e. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE WEBSITE AND THE SERVICE AS-IS. THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DON’T PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO THE WEBSITE AND/OR SERVICE, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT ISN’T LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE AGREEMENT.
f. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE AND THE SERVICE, INCLUDING ANY DOWNLOADS FROM THE WEBSITE. MVOBB WON’T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE’VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN ANY CALENDAR MONTH, OUR TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TERMS—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE—WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICE THE PRECEDING MONTH.
IN ADDITION, FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL MVOBB BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE SERVICE IN VIOLATION OF OUR TERMS, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCOUNT DUE TO SUCH VIOLATION.
g. Indemnity. You agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
h. Disputes. YOU AND MVOBB AGREE THAT ANY DISPUTE AGAINST THE OTHER MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND CUSTOMER IS FOREGOING A JURY TRIAL AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST MVOBB. All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org/) or JAMS (http://www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose use of the Services is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where consumer resides. Otherwise, any arbitration hearing will occur in Orange County, California, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and MVOBB also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
i. Remedies. Each party acknowledges and agrees that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to MVOBB for which monetary damages would be an inadequate remedy, that injunctive relief is an appropriate remedy for such breach, and that if granted, the breaching party agrees to waive any bond that would otherwise be required. If any legal action is brought by a party to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the non-prevailing party.
j. Export Control. The Services made available by MVOBB may be subject to the export control Laws of the United States and other jurisdictions. You shall comply with all applicable export laws, and, without limiting the generality of the foregoing: (a) You represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports; and (b) You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
k. Anti-Corruption. You agree that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of MVOBB’s employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you hears of any violation of the above restriction, you will use reasonable efforts to promptly notify MVOBB at firstname.lastname@example.org.
l. Assignment. Neither this Agreement nor any right or obligation under this Agreement may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of MVOBB. Any attempted assignment or transfer in violation of the foregoing will be null and void and shall not confer any rights or remedies upon any person or entity not a party hereto. This Agreement may be assigned or transferred by MVOBB without your consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
m. Relationship of the Parties. The Parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or fiduciary relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes. No rights for third party beneficiaries are created by this Agreement. Nothing in this Agreement is intended to confer any rights or remedies on any person or entity which is not a party to this Agreement.
n. Waivers. Any waiver by MVOBB must be in writing and signed by an authorized MVOBB representative. No waiver by MVOBB of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No failure or delay by MVOBB in enforcing any right or provision under this Agreement shall be construed as a waiver of such right or provision or of any other right or provision.
o. Entire Agreement. The Agreement, and any language incorporated herein by reference, makes up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
p. Severability. If any provision of this Agreement is held invalid, illegal or otherwise unenforceable, it shall be deemed modified to render it enforceable while preserving the Parties’ original intent to the fullest extent, and the rights and obligations of the parties shall be construed and enforced accordingly. If the provision cannot be modified, then that provision will be deemed severed from this Agreement and all other provisions will remain in full force and effect.
q. Electronic Signatures. This Agreement and any Ordering Document may be executed in one or more counterparts, each of which when so executed and delivered or transmitted by facsimile, e-mail or other electronic means, shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
END OF TERMS OF SERVICE