Terms of Service

Last revised 12/8/2007

Welcome to SendAlong - we truly hope you find our services useful and enjoyable to use. These terms of service are an agreement between you (referred to hereinafter as "You" or "Your") and Juliesoft LLC (referred to hereinafter as "Juliesoft" or "We"). These terms of service apply to the SendAlong.com site and its associated sites (referred to hereinafter as "SendAlong", "Service", or "Site"). These terms of service also apply to the services offered, including but not limited to membership, subscription, tracking, newsletters, and other services that may be added at a later date.

Terms

By accessing the Service, You are agreeing to be bound by these Terms of Service (referred to hereinafter as "Terms"), all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing this Site. The materials contained in the Service are protected by applicable copyright and trade mark law.

Any attempt to undermine or cause harm to a server or customer of Juliesoft is strictly prohibited. As our customer You are responsible for all Your accounts. Should You violate the Terms outlined within, Your account will be cancelled without chance of refund.

The Service may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material We judge to be threatening or obscene, or material protected by trade secret and other statute. Prohibited is content that promotes any illegal activity or may be damaging to Juliesoft's servers, or any other server on the Internet. Links to such materials are also prohibited. You agree to indemnify and hold harmless Juliesoft from any claims resulting from the use of the Service which damages You or any other party.

Service Fees

Because the Service is provided on a monthly basis, You will be responsible for service fees incurred each month (service fees for the plan configurations can be found here), regardless of when You provide notice of termination. Thus, for example, if You provide notice of termination on the 15th day of a particular month, You will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. We reserve the right to change the service fees at anytime. You agree and acknowledge that Service fees are not refundable under any circumstances. Juliesoft will collect service fees from Your credit card monthly in advance.

At the start of every month, Juliesoft shall debit Your credit card. Juliesoft shall be entitled to immediately terminate this agreement for Your failure to make timely payments. All credit cards are billed automatically on a monthly basis. It is Your responsibility to ensure that You have sufficient credit to cover this transaction. In the event that there is insufficient credit, Your account, and all accounts under Your account plan, will be suspended.

Payments

Upon sign up for a paid plan, if You do not downgrade to a free plan or cancel Your account within 15 days (the free trial period), You will be billed a prorated amount for the remainder of the month in accordance with the pricing of the plan selected. You will then be billed monthly in advance at the beginning of every month for the plan that You initially chose. If You switch to a free plan or cancel Your account before the processing of Your invoice on the 15th day of Your trial, You will not be charged. If You upgrade from the free plan to a paid plan, You will be billed a prorated amount for that month immediately. You will then be billed the regular monthly rate in following months. There are no credits or refunds for partial months of service, upgrades, downgrades, or refunds for unused open accounts.

Account Activation

By activating Your account on SendAlong, You agree to the above policies and disclaimer. Upon requesting activation of an account, You are required to accept these policies, guidelines and disclaimer.

Upon account activation, You agree to allow Juliesoft to use Your name in customer lists, quotes, and case studies insofar as such use accurately describes the nature of the relationship between Juliesoft and You.

Account Termination

You may choose to terminate Your account at any time. Juliesoft may also terminate Your account for the reasons listed in these Terms. Upon account termination, Juliesoft reserves the right to cancel Your account and delete any and all data associated with Your account. Refunds are not provided for account cancellations under any circumstances.

If You do not access SendAlong for a period one hundred (100) days or more, Juliesoft reserves the right to delete any and all data associated with Your account at Juliesoft's discretion and without notice.

Responsibility for Data

You are solely responsible for all data transmitted through SendAlong. You acknowledge and agree that Juliesoft will not be held responsible for any misuse, deletion, unavailability, or corruption of any data that You transmit through SendAlong. You agree not to upload or otherwise expose SendAlong to any data that is offensive, infringes upon the rights of others, is defamatory, or promotes harm against any group or individual.

You acknowledge that Juliesoft has the right to monitor Your access and use of the Service to ensure that You comply with these Terms or to comply with any law or government order.

General Restrictions

You agree not to:

attempt to decode, decompile, or reverse engineer any of the software used in SendAlong
attempt to access any non-public portions of SendAlong or Juliesoft's systems
upload viruses, worms, or other harmful software
attempt to harm or disrupt service in any way
make unauthorized use of SendAlong
resale the services provided by SendAlong

Proprietary Rights

Except as expressly permitted in these Terms, You may not create services or works derived from this Service, redistribute or sell this Service, modify this Service, reproduce this Service, or otherwise duplicate or disseminate this Service.

Copyright Policy

IF YOUR ACCOUNT IS FOUND TO CONTAIN CONTENT THAT INFRINGES COPYRIGHTED WORKS (INCLUDING BUT NOT LIMITED TO PIRATED SOFTWARE OR MEDIA FILES), CONTENT THAT IN ANY WAY VIOLATES OR PROMOTES VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY, OR ANY CONTENT TO WHICH YOU DO NOT HOLD THE COPYRIGHT TO, YOUR ACCOUNT MAY BE TERMINATED IMMEDIATELY WITHOUT NOTICE. ADDITIONALLY, JULIESOFT MAY NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Disclaimer

The SendAlong service is provided "as is". Juliesoft makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Juliesoft does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of SendAlong or otherwise relating to SendAlong or on any sites linked to this Site. Juliesoft makes no warranty that SendAlong will be available on a secure, error free, or uninterrupted bases.

Juliesoft cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if the Service was functioning. Certain equipment, routing, software and programming used by Juliesoft are not directly owned or written by Juliesoft. Moreover, Juliesoft holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions may result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Juliesoft sees fit.

A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Limitation of Liability

In no event shall Juliesoft be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the services or content on SendAlong, even if Juliesoft or a Juliesoft authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

Juliesoft shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Juliesoft's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Juliesoft shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any content from one of Juliesoft's servers. All damages shall be limited to the immediate termination of Service.

Indemnity

You agree to defend, indemnify, and hold harmless Juliesoft, its officers, directors, employees and agents, from and against any claims, actions, demands, losses, or expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from Your use of SendAlong or Your breach of the Terms.

Severability

In the event that any part of the Terms is determined to be invalid or unenforceable, the other provisions of the Terms will remain in effect.

Violations

Violations of these Terms should be referred to wecanhelp@sendalong.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. If You sign up for an account and fail to comply with these terms, no refunds will be given.

Revisions and Errata

The content appearing on the Service could include technical, typographical, or photographic errors. Juliesoft does not warrant that any of the content on SendAlong is accurate, complete, or current. Juliesoft may make changes to the content of the Service at any time without notice. Juliesoft does not, however, make any commitment to update the materials.

Links

Juliesoft is not responsible for the contents of any sites linked to from SendAlong's website. The inclusion of any link does not imply endorsement by Juliesoft of the site. Use of any such linked web site is at Your own risk.

Privacy Policy

Juliesoft respects Your privacy. The Terms include the terms of SendAlong's Privacy Policy.

Site Terms of Use Modifications

Juliesoft may revise these terms of use at any time without notice. We also retain the right to increase any pricing and make changes to our account plans without notification. By using the Service You are agreeing to be bound by the then current version of these Terms.

Governing Law

Any claim relating to the Service shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.

Contact

If You have questions or wish to discuss the Terms, please contact Juliesoft at wecanhelp@sendalong.com.

Thanks

File icons are used under the Creative Commons license. Icon designer is Michael Muller C., mmuller@mmcdesign.com, www.mmcdesign.com.