Last Updated: December 1, 2018
Please carefully read the following terms and conditions (“Terms of Use”) as they contain important information about your legal rights, obligations and remedies (including a binding arbitration provision and class action waiver). By accessing or using Connect7 Services (as further described), you agree to comply with and be bound by these Terms of Use, which will result in a legal agreement between you and Connect7 (“Agreement”).
1. Information About Us
Welcome to Connect7 and thanks for using our services!
Karambola Co. (“Connect7”), a Delaware Corporation, located at 16192 Coastal Highway, Lewes, DE 19958, provides you certain services through (a) an online engagement platform accessible via the URL www.connect7.com that allows you (b) to personalize, manage and promote your organization and its activities, events, content and publications (including but not limited to emails, short message service, and printouts) and (c) sign up for subscription services such as newsletters and news updates on the latest developments of your preference (collectively referred to as “Connect7 Services”).
Unless expressly stated otherwise, Connect7 is not the manager, organizer or owner of any activity, event, content and publications listed via Connect7 Services. Connect7 acts as an intermediary between you (or organization) and subscribers (a.k.a. followers) or potential subscribers (any person that wishes to engage with you or your organization by means of Connect7 Services).
When these Terms of Use employ the term “you”, Connect7 mean you as a customer of the Connect7 Services or a representative of an organization that’s a customer of the Connect7 Services.
These terms of Use and the other document referenced in them are a legally binding agreement between you and Connect7 governing your access to and use of the Connect7 Services and define your rights and responsibilities when you the Connect7 Services. If you do not agree to these Terms of use, please do not use or access the Connect7 Services.
In the event you are using the Connect7 Services on behalf of an organization, you agree to these Terms of Use on behalf of that organization and its affiliates and you represent and warrant that you have the authority to enter into legally binding contracts on behalf of the organization. In such case, "you" and “your” will refer to that organization as well as yourself.
Connect7 reserves the right to stop offering the Connect7 Services, or any particular portion of it, or modify or replace any aspect of the Connect7 Services, at any time. Connect7 also reserves the right to change, modify or amend these Terms of Use, at any time. Connect7 will use reasonable efforts to provide you with notice of any change of the Connect7 Services or these Terms of Use. You agree that Connect7 will not be liable to you or any third-party as a result of such modifications.
If you have any questions about these Terms of Use, feel free to contact Connect7 at [email protected].
2. Eligibility
In order to use the Connect7 Services you must be (a) at least eighteen (18) years old and able to enter into contracts; (b) resident in the United States (and, if applicable, the organization must be based in the United States); (c) complete any registration process, agree to these Terms of Use and provide true, complete, and up-to-date contact and billing information.
By accessing to and using the Connect7 Services, you represent and warrant that you meet all the requirements listed above.
3. Term and Termination
When you complete the registration process for the Connect7 Services and agree to these Terms of Use, an agreement between you and Connect7 is formed and its term will commence.
You may terminate your access to the Connect7 Services at any time and for any reason by giving notice to Connect7 at [email protected].
You will remain liable for all amounts due by you up to and including the date of termination. Connect7 will refund you the pro rata portion of any fees which may have been paid in advance regarding the Connect7 Services if we stop providing the Connect7 Services and terminate your account without cause. Connect7 will not refund or reimburse you if your account is suspended or terminated as consequence of your breach or any violation of these Terms of Use.
Connect7 may suspend or terminate your access and use of Connect7 Services, with or without notice and without liability to you or any third party, if you breach or violates these Terms of Use or use the Connect7 Services in a way not intended or permitted by Connect 7.
Termination of these Terms of Use or the Connect7 Services for any reason shall not release you from any liability which, at the time of such termination, has already accrued to Connect7 or which is attributable to a period prior to such termination nor preclude Connect7 from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of these Terms of Use.
Any provision in relation to proprietary rights, compliance with laws, limitation of liability, arbitration, warranties, indemnity, choice of law, severability and entire agreement shall survive the termination of these Terms of Use and will continue to apply.
4. Acceptable Use Policy
You will not use Connect7 Services for unlawful, illegal, fraudulent, harmful, deceptive or commercial purposes or activities, including, but not limited to, any purpose or activity that involve, to any degree, any of the following:
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Material or content which is, or which may be reasonably considered to be illegal, unlawful or infringing under any applicable laws (local, state, federal or international), harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or possibly capable of inciting racial hatred, discriminatory (racially, ethnically or otherwise).
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Breach of confidence or any other right of any third party (copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right) without written authorizations, approvals, consents or licenses.
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In connection with financial and professional services (investment, credit services, money and legal services), regulated or illegal products and services (gambling, adult content and services, alcohol, tobacco products, pharmaceuticals or drug paraphernalia), unfair, predatory or deceptive practices (get rich quick schemes, scams or pyramid schemes).
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The sending or distribution of unsolicited or unauthorized material or emails or any other form of similar solicitation.
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The transmission of viruses, malicious code, spyware, malware, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You may report a violation of this Acceptable Use Policy via email to the following address [email protected]. Please provide any information regarding the violator as well as details of the violation.
5. Fees
The use of certain Connect7 Services features requires payment before you can access or use it. The payment of such features may consist of monthly plans (recurring billing), pay as you go or monthly charges against your credit card.
If you activate a free trial period by submitting your payment details, Connect7 will charge you the corresponding fee at the end of the free trial period unless you cancel your account prior to the end of the free trial period.
6. Account and Password
Connect7 may require you to create an account to access certain features or functions of the Connect7 Services.
You are responsible for the security of your own accounts and keeping your account credentials (email address and password) confidential. You are responsible for providing true, accurate, and current and complete information and keeping your email address or any other contact information up to date, or if you are using the Connect7 Services on behalf of an organization.
In case you become aware of any unauthorized use of your account or any other breach of security regarding Connect7 Services, you must notify Connect7 as soon as possible at [email protected].
Connect7 will not be liable for any loss or damage arising from your failure to protect your account information.
You should only authorize designated employees and contractors to use Connect7 Services under your account. You shall be the sole responsible for all activity that occurs under your account (including actions by other users).
The use of Connect7 Services does not include any parent, subsidiary, or affiliate of your organization or other third party.
7. License to Connect7 Services
Connect7 hereby grant you a limited, non-transferable, non-sublicensable, and revocable right to remotely access and use the Connect7 Services only as authorized in these Terms of Use.
Connect7 does not grant your any ownership or other right or interest in or to the Connect7 Services or any other intellectual property rights of Connect7.
You will not sublicense, rent, lease, resell, distribute, use the Connect7 Services for other commercial purposes not contemplated by these Terms of Use or otherwise exploit the Connect7 Services in any unauthorized manner.
You may not, directly or indirectly, copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially or for the benefit of a third party, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from Connect7 Services.
8. Your Content
You shall be solely responsible for your own content (such as text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials) and the consequences of submitting and publishing your content on or via the Connect7 Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to promote or publish any content you submit.
You hereby grant Connect7 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on your content, in whole or in part, in any media, for the purpose of operating the Connect7 Services (including Connect7's own promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with your content. Notwithstanding the foregoing, Connect7 does not claim, and you do not transfer, any ownership rights in any of your Content.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; complies with all applicable local, state, provincial, national and other laws, rules and regulations; and does not violate these Terms of Use.
Connect7 reserves the right to remove you content from the Connect7 Services if Connect7 believes in its sole discretion that it violates these Terms of Use or for any other reason.
Connect7 may use your name and logo for the purpose of identifying you as an existing or past customer of Connect7 both on the Connect7 Services and in marketing, advertising and promotional materials.
9. Events, content and publication
Connect7 may make available to you features and tools that allow you to create, promote and distribute events, content and publications to your contacts, other users of the Connect7 Services or third parties; mainly via email.
You represent and warrant that you have the right and authority to send emails to the addresses on your recipient list and such addresses were collected in accordance with the applicable email marketing and privacy regulations. You will not use false or misleading headers or deceptive subject headings and include a clear and conspicuous identification that the message is an advertisement or solicitation.
If you promote events and activities through the Connect7 Services, you represent and warrant that you will obtain all required state, county, municipal or other local authority’s licenses, permits and authorizations with respect to the events and activities promoted via the Connect7 Services and ensure compliance with all applicable laws, regulations, rules and ordinances.
You shall bear all the expenses and risk in connection or associated with the events, content and publications.
10. Subscribers (a.k.a. followers)
If you use Connect7 Services to receive news and updates of your preference and consume information about or attend any events listed on Connect7 Services, you acknowledge that Connect7 has no control over and does not guarantee the quality, safety, accuracy of the events or content promoted, published or sent via the Connect7 Services. Connect7 shall have no responsibility for, and hereby disclaims all liability arising from, the acts or omissions regarding such events, content and publications.
You understand and assume voluntarily, freely and willfully any risk (such as illness, bodily injury, disability, or death) that the events, content and publications may carry.
You can stop receiving news and updates from Connect7 Services by following the unsubscribe instructions included in every email and text message.
11. Privacy
Information provided to Connect7 by you or collected by Connect7 through Connect7 Services, is governed by our Privacy & Cookie Policy. You acknowledge you have read the Connect7's Privacy and Cookie Policy. Connect7 informs you that you can access or change your profile and contact information or delete your account via the URL www.connect7.com.
12. Data Processing Agreement
You shall be solely responsible for complying with any applicable laws and regulations relating to data protection and privacy.
You acknowledge and agree that you are the controller of any personal data that Connect7 may process as data processor on your behalf; that includes any personal data that you upload or otherwise provide Connect7 in the connection with your use of Connect7 Services. Connect7 will only process your personal data only for the purpose of providing, supporting and improving the Connect7 Services and in compliance with the instructions received from you.
You expressly authorize Connect7 to engage subprocessors to help with the Connect7 Services, which may entail the access to or the processing of your personal data by third parties. Notwithstanding the foregoing, Connect7 shall not transfer your personal data lawfully, in compliance with data protection and privacy laws and regulations.
Connect7 shall take appropriate organization and technical security measures adequately designed to protect against unauthorized or accidental access, loss, alteration, disclosure or destruction of your personal data.
Connect7 shall ensure that any of its personnel is subject to confidentiality obligations with respect to your personal data.
Connect7 will notify you without undue delay after it becomes aware of any security breach that may affect your personal data and provide you with all reasonable necessary assistance.
At the termination of these Terms of Use, Connect7, at your request, will delete or return to you all personal data held by Connect7, unless Connect7 must retain the personal data in the event of retention obligations or legal disputes.
13. Third-Party Websites and Services
Connect7 has no control over links to other Internet websites or resources.
You acknowledge and agree that Connect7 is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Connect7 partners or third party service providers.
14. Indemnification
You agree, to the extent permitted by law, to indemnify and hold Connect7 harmless from and against all damages, losses, claims, and expenses of any kind (including reasonable outside attorney fees and costs) directly or indirectly arising out your breach of these Terms of Use, your use of Connect7 Services or any activity in which you engage on or through them, your violation of any law or regulation, and your violation of the rights of a third party.
15. Limitation of Liability
Connect7’s liability arising out of or related to these Terms of Use or Connect7 Services will not exceed the fees received by Connect7 related to the Connect7 Community in the last six months prior to your claim.
16. Warranties
Connect7 makes no warranties, either express or implied, including without limitation any implied warranty of Connect7 Services merchantability or fitness for a particular purpose.
You accept the Connect7 Services “as is” with no representation or warranty of any kind, express or implied, including without limitation implied warranties of the Connect7 Services merchantability, fitness for a particular purpose, or non-infringement of intellectual property or any implied warranty arising from statute, course of dealing, course of performance, or usage of trade.
Without limiting the generality of the foregoing, Connect7 has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights.
17. Binding Arbitration and Class Action Waiver
Please read this section carefully since it requires you to arbitrate disputes with Connect7 and limits your rights in which you can seek relief from Connect7, including your right to file a lawsuit in court.
You will attempt to resolve any dispute, controversy or claim arising out of or relating to Connect7 Services without resorting to litigation. In such event, you can contact Connect7 Legal Department at [email protected]. Except for intellectual property (from or relating to the theft, piracy or unauthorized use of intellectual property such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) and small claims court claims (to the extent the applicable claim qualifies), you agree to use your best effort to settle any dispute, claim or disagreement directly through consultation with Connect7 Legal Department, and good faith will be a condition to either party initiating arbitration or lawsuit.
The notice of dispute to Connect7 Legal Department must describe the nature and bases of the dispute or claim and set forth the specific relief sought.
In the event you and Connect7 do not reach an agreed-upon resolution within a period of thirty (30) days from the time the informal dispute resolution is initiated in accordance with the provision above, either you or Connect7 may initiate binding arbitration as the sole mean to resolve any dispute, controversy or claim arising out of or relating to Connect7 Services (whether based in contract, tort, statute, fraud, misrepresentation, or other legal theory) that arose before this or any prior agreement (including, but not limited to, claims relating to advertising) and that may arise after termination of these Terms of Use and /or your use of Connect7 Services.
The arbitrator shall have the exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation or formation of this Binding Arbitration and Class Action Waiver provision, including, but not limited to, any claim that all or any part of said provision is void or voidable. The Federal Arbitration governs the interpretation and enforcement of this Binding Arbitration and Class Action Waiver provision.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.
The Arbitration will be held (at your option) either in the United States county of your residence, in San Francisco (California), by phone or videoconference or any other location you and Connect7 agree to.
If you are required to pay a filing fee, after Connect7 receives notice that you have commenced arbitration, Connect7 will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
In the event the claim is for US $10,000 or less, you and Connect7 agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction thereof within the city, county and state of California..
You agree that class, consolidated or representative arbitrations and civil actions are not permitted and any rights to bring such actions are waived by you and Connect7.
You have the right to opt out and not be bound by the Binding Arbitration and Class Action Waiver provision set forth above by sending (from the email address you provided to Connect7) written notice of your decision to opt-out to [email protected], the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”.
The notice must be sent within thirty (30) days of your first use of Connect7 Services or your agreement to these Terms of Use (whichever is later); otherwise, you will be bound to arbitrate dispute in accordance with the Binding Arbitration and Class Action Waiver provision.
18. Governing Law and Jurisdiction
These Terms of Use and Connect7 Services (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without giving effect to any choice or conflict of law provision or rule.
For any claims and actions not subject to arbitration, you and Connect7 agree that the federal and states courts of the Northern District of California shall have exclusive jurisdiction to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms of Use and Connect7 Services (and any non-contractual disputes/claims relating to or arising in connection with them).
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Connect7 Services is to stop using them.
To the fullest extent permitted by applicable law, you agree that any claim or action against Connect7 must be commenced within one (1) year after the date the party asserting the claim first know or reasonably should know of the act, omission, or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within that time period.
19. Severability and waiver
To the extent permitted by applicable law, you and Connect7 hereby waive any provision of law that would render any clause of these Terms of Use invalid or otherwise unenforceable in any respect.
In the event that a provision of these Terms of Use is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use will commence upon your acceptance and remain in full force and effect while you use the Connect7 Services or have a Connect7 account.
Connect7 will not be deem to have waived any of its rights under these Terms of Use by lapse of time, failure to enforce any part of these Terms of Use or by any statement or representation other than by an authorized representative in an explicit written waiver.
20. Notices
Notices to you shall be sent via email or regular mail to the address in Connect7’s records. If you wish to contact Connect7 or deliver any notice, you can do so at Karambola Co. via email to [email protected].
21. Assignment
You may not assign these Terms of Use and your rights and obligations under these Terms of Use. Connect7 may transfer or assign any of the rights, obligations and licenses granted hereunder.
22. Entire Agreement
These Terms of Use sets forth the entire agreement of you and Connect7 and govern your use of the Connect7 Services and supersedes any prior or contemporaneous writings, negotiations, proposals, discussions or communications between you and Connect7 with respect to its subject matter.