1. Introduction and Acceptance
2. How the Website Works
- (B) In order to publish your Site, you will have to become a registered user. You need to be 18 years or older to register. If you are under the age of 18, then you are not permitted to publish a Site, register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian who is at least 18 years of age and this adult will be responsible for all your activities.
- (C) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an "Account"). You are responsible for any use of the Website or a Site using your Account and for safeguarding and maintaining the confidentiality of your Account. You agree to notify us immediately at the address or phone number set forth on the Website of any breach of security or unauthorized use of your Account.
- (D) Becoming a registered user will provide you with a Basic plan, which is 100% free and provides unlimited access to use most of the Website Services.
- (E) Upon becoming a registered user, you will be prompted to fund your account by prepaying a balance through PayPal or a credit/debit card. All prepaid balances are the exclusive property of Vertex9 and can be used to purchase, renew or upgrade to a Pro Lite, Pro Standard, Pro Plus, or Pro Max plan ("Pro plan"), which provides some additional features that are not available with our Basic plan. Optionally, the Pro plan may also be automatically renewed on an annual basis and remain in effect until cancelled by you.
- (F) If you have insufficient funds in your account to perform an upgrade or manual renewal, you will be prompted to pay for the difference using either PayPal or a credit/debit card to add to your account balance. Optionally, you may add a saved payment method (e.g. a credit card) to replenish your account balance or to automatically cover charges in excess of your account balance. If you have insufficient funds in your account to perform an automatic renewal and you do not have a saved payment method, your account will, after a short grace period, be automatically downgraded to the free Basic plan and your sites will lose access to any Pro features they may be using. Saved payment methods are stored remotely by our third-party payment providers, and balances are stored in US dollars.
- (G) You may optionally apply coupon codes to upgrades and manual renewals. In the case of upgrades, a coupon code's discount will be applied after any other credits you receive (e.g. a prorated credit for time remaining on an existing Pro plan).
- (H) You may request a downgrade by contacting us, at which point we may, in our sole discretion, grant a full or partial refund to either your account balance or the original funding payment.
- (I) Excluding earnings from Vertex9 itself and refunds which shall be granted in our sole discretion, balances cannot be withdrawn; once funds have been deposited in your account, they can only be used to purchase Products. Except for any sales tax that we may be required to collect on any purchase by you, you are responsible for paying all fees and taxes associated with your use of the Website, if any.
- (J) Account balances are the exclusive property of Vertex9 and do not earn interest. We do not generally offer return of funds or credits on purchases unless required by law, but we reserve the right to do so in our sole and absolute discretion.
3. Intellectual Property
4. Website Access and Use
- (A) The Website is currently free to use under a Basic plan. However, the Pro plan requires a purchase by you. In all instances, our services are not being sold to you; rather, you are being granted a limited license to use our Website, Website Content, and services.
5. User Content
- (A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- (B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- (C) You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) includes sensitive personal information such as social security numbers; (v) contains a formula, instruction, or advice that could cause harm or injury; or (vi) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Website will not be permitted.
- (F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
- (G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever, including without limitation a breach of Section 5(C) above, to suspend or delete a Site.
6. Website Content & Third Party Links
We provide the Website and Website Content for entertainment and/or promotional purposes only. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
- (B) We do not intentionally collect personally identifiable information from children under the age of 13 and we ask that children under 13 not submit any personal information to us. If you are under the age of 18, you can browse the Website, but cannot publish a Site or register for an Account without the consent of a parent or guardian. It is the responsibility of parents to monitor their children’s use of our Website.
- (C) We respect your privacy. As a general policy, we do not automatically collect your personally identifiable information when you visit the Website. When you publish a Site you will be asked to provide some information about yourself. Whether or not you provide this type of information is your choice; however, in many instances this information is required to realize a benefit we may offer or gain access to certain content on our Website.
- (D) Personal information provided by you to us may be used by us and contractors in connection with providing the Website services. The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our Products, or to communicate with you about content or other information you have posted or shared with us via the Website. In certain instances we may also share your personally identifiable information with our third party vendors performing functions on our behalf – e.g. vendors that process credit card orders. We do not store any credit card information. Our vendors agree to use this information, and we share information with them, only to carry out our requests. By voluntarily providing information to us when using the Website, you are consenting to the collection, use and disclosure of your personal information by us in the manner prescribed in this Section 7. You acknowledge this by using the Website. You may opt out of receiving future commercial correspondence from us by contacting us in writing via email.
- (E) We may automatically collect certain non-personally identifiable information from you when you access the Website. We use non-personally identifiable information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personally identifiable information by itself or aggregate it with information we have obtained from others. We may share your non-personally identifiable information with third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
- (F) Like many websites, we use "cookies" and "web beacons" (also called "clear gifs" or "pixel tags") to obtain certain types of information when your web browser accesses our Website. Examples of information we collect and analyze in this manner include Internet Protocol (IP) address, computer connection information such as browser type and version, operating system, and your activities on our Website, including the Products you view or search for as well as the URL you come from and go to next. It is important to note that cookies and web beacons that we use do not contain and are not tied to personally identifiable information about you. The anonymous data they collect is kept separate from the personal information in your Account. Other cookies are used to enhance your use of the Website, such as remembering that you are logged in. You are able to minimize or block cookies using the privacy settings in your internet browser, but this may restrict your use of the Website. For general information on cookies, see allaboutcookies.org.
- (J) We value your information. While we take reasonable precautions to preserve the security of your information, please be aware that we cannot promise that your use of our Website will be confidential, and we cannot promise that any information you provide to us is perfectly secure. While using our Website, you may also become aware of confidential information about us or another user. You promise not to disclose any confidential information made available to you through the Website to any other person.
- (K) Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response.
GDPR PRIVACY NOTICE
Effective March 7, 2019
What personal data do we hold?
Information You Provide to Us: We may collect your personal contact information such as name, email address, phone number, and country of residence.
Information Received from Others: We may receive information about you from our vendors or affiliates, such as your personal contact information including your name, email address, phone number, and country of residence, or in the context of providing to servicing and support to our customers.
Where did we get your personal data?
We collect your personal data when you ask us to contact you, or when you request or use services through the Carrd website. Your failure to provide this information means we cannot fulfill your request. We may also collect your contact information when you provide it by using our Website, as well as your IP address and other information about your activity on our Website, such as what pages you visit. We may also receive personal data when we are working on the resolution to our customers’ problems.
What is our purpose for holding your personal data?
Our lawful basis for holding your information depends on the circumstances under which we acquired it:
|Type of Information||Lawful Basis for Processing|
|Customer and prospective customer contact information collected in connection with an order or an inquiry||For fulfillment of a contract|
|Customer and prospective customer contact information collected for use in marketing additional products and services||Consent or Legitimate Interest|
|Personal data of our customers’ customers||For fulfillment of a contract|
What we do with your personal data?
We use your details so that we can communicate with you by email or phone and inform you of our services, the status of your order, or questions about payment of your invoice. We may also collect your IP address and details concerning your activity while on our Website in order to understand your interests and preferences.
The personal data we hold is stored and processed securely in line with the information security measures and guidance standard in our industry. We have implemented appropriate technical and organizational measures designed to prevent the unauthorized disclosure of your personal data, taking into account the level of risk associated with the processing of your personal data.
If we receive your personal data in the context of providing problem solving services to our customers, we will securely accept that data, segregate it from other customer data, and limit access to the data. We will delete the data once the issue is resolved.
Cross border personal data transfers
Your personal data may be stored on our servers located in the United States. The United States has personal data privacy laws that are different from your country. While the United States has not received an adequacy decision from the European Union Commission, we intend for your data to be protected in a manner that is consistent with how your personal data is protected if it was processed in your country.
What we don’t do with your personal data
We do not pass your information to anyone else apart from our business services partners as necessary to provide you with the Products you have requested. We do not use any automated systems relating to your personal data. We do not use your information for profiling.
How long do we keep your personal data?
We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law, or we have obtained your consent.
What are my personal data rights?
You have the following rights concerning your personal data that we hold and process that you can exercise at any time:
- Right of access: you have the right to request a copy of the information that we hold about you.
- Right of rectification: you have a right to correct personal data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten: in certain circumstances you can ask for the personal data we hold about you to be erased from our records.
- Right to restriction of processing: where certain conditions apply to have a right to restrict the processing.
- Right of portability: you have the right to have the personal data we hold about you transferred to another organization.
- Right to object: you have the right to object to certain types of processing such as direct marketing.
- Right to judicial review: in the event that we refuse your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in the process below.
All of the above requests will be forwarded on to other parties holding and processing your personal data where appropriate.
Who do I contact if I have an issue with my personal data that you hold?
Please contact our Privacy Officer.
How do I make a complaint about how my personal data is being held or processed?
If you wish to raise a complaint on how we handle your personal data, you can contact our Privacy Officer as follows:
Attn: Privacy Officer for Vertex9 LLC
PO Box 120272
Nashville, TN 37212-0272
If you are not satisfied with our response you can complain to the data protection authority in the country in which you reside. This GDPR Privacy Notice was last updated on March 7, 2019.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, VERTEX9 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10. Limitation on Liability
- (C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
12. Copyright Policy
- (A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may terminate and/or disable the Site and/or Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Website or any Site that may be infringing or the subject of infringing activity.
- (B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
Attn: DMCA Registered Agent for Vertex9 LLC
Frost Brown Todd LLC
10 West Broad Street, Suite 2300
Columbus, OH 43215-3484
Phone: (614) 464-1211
Fax: (614) 464-1737
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- (v) A statement 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.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
13. Choice of Law; Jurisdiction and Venue
14. No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. Amendment; Additional Terms
- (A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.