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Anti-Spam Agreement
At the outset of working with you, we need to talk about SPAM.
SPAM is unsolicited, unwanted email and Advisor Mailout will not be any part of it. There are very serious repercussions for anyone involved in sending SPAM and so we require that anyone who uses our service provide us with the assurances below.
1) Every recipient on your lists must have given you permission to send him or her email! If you're "prospecting" for new business, this isn't the place place to do it.
2) We don't allow email about any of the following
Weight loss vitamins and pills or powders Cult material Pyramid sales or multilevel marketing distribution Bulk email or fax lists Counterfeit items Illegal drugs and drug paraphernalia Adult items (e.g. pornography, escort or call services, massage, videos etc.) All firearms, including antique, collectible, sport and hunting firearms. All weapons, including military, illegal or explosive Pirated Software or de-scrambling software Pirated movies and music, including pre-releases or promotionals Police badges or any type of false identification

End User License Agreement
Advisor Mailout Services End User Agreement THIS END USER AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ADVISOR MAILOUT. BY INSTALLING AND CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "CANCEL" BUTTON. This Agreement (the "Agreement") applies to your use of the Advisor Mailout Services ("AMS"), which includes Advisor Mailout's services available on this website and any related products. This Agreement affects your rights and you should read it carefully. The words "you" or "your" in this Agreement means any person or entity utilizing the AMS ("AMS Users"). Unless otherwise stated, "Advisor Mailout" will refer collectively to Mailout Interactive Inc. and its respective parent or subsidiary companies, affiliates, officers, employees and agents. By using the AMS as an Email Disburser you represent that you understand and accept the terms and conditions set forth in this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and any amendment shall be effective and binding upon you 10 days after it is published. If there is any conflict between the terms of this Agreement and your ASP Services Agreements, the terms of the ASP Services Agreements shall govern. 1. Eligibility. In order to use the AMS, you must enroll with Advisor Mailout as an Email Disburser and agree to the terms and conditions of this Agreement. You agree that you will use the AMS only for lawful personal, business or governmental purposes. You will receive an AMS User ID and be required to establish a password upon enrolling in the AMS. You are responsible for maintaining the confidentiality of your AMS User ID and password and are fully responsible for all actions that are taken under your AMS User ID. You may not divulge your AMS User ID or password information to anyone else, nor may you use anyone else's password. Advisor Mailout is not responsible for losses incurred by AMS Users as the result of their misuse of User IDs or passwords. 2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Advisor Mailout has the right to terminate your use of the AMS and Advisor Mailout, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Advisor Mailout and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration. 3. Services. Subject to the terms and conditions of this Agreement, Advisor Mailout shall provide the AMS to You. Advisor Mailout hereby reserves all other rights in the AMS. You shall not reverse engineer or otherwise attempt to derive source code from the use of the AMS. Subject to Advisor Mailout's rights in the AMS and all materials provided by Advisor Mailout, You will retain all rights in any reports, databases, or other materials created by You using the Software. The AMS will be subject to the restrictions in this Section 3. The AMS allows You to set up user accounts and related user identification numbers ("User IDs") and passwords. You may allow any person designated by You to use the AMS (each, an "End User"), however, in the event You designates End Users other than Your employees, the use of the AMS by such non-employee End Users will be subject to such End User agreeing to (by "clicking through" on-line or other suitable means determined by ASP) this end user agreement. You may have only as many User IDs activated at any one time for the AMS as the number of End Users for whom You have paid. A User ID will be deemed activated when the End Users logs in to the AMS. 4. AMS Use. By using the AMS, you attest that you do not provide unlawful or illicit products or services. You will not use the AMS, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. You agree that except to make send emails using the AMS, you will not use any information about other AMS Users that is provided by the AMS. If Advisor Mailout has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the AMS, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with Advisor Mailout to investigate any suspected unlawful, fraudulent or improper activity. 5. Additional Restrictions. Advisor Mailout, at its sole discretion, reserves the right to restrict your use of the AMS in the event that Advisor Mailout determines, in its sole discretion, that your use of the AMS is inappropriate. Reasons that Advisor Mailout may determine that your use of the AMS is inappropriate include, but are not limited to, the following: 1. Unconfirmed identity or incorrect registration/enrollment information 2. You have used the AMS to commit or to facilitate fraudulent activity 3. You have used the AMS to send spam emails 4. You have used the AMS in violation of privacy or other laws and regulations 6. Fees. AMS Users are responsible for paying all fees associated with the use of the AMS under the AMS enrollment process on or before the due date for such fees. 7. No Resale of AMS. Your right to access and use the AMS is personal to you and subject to the usage license as provided under this Agreement. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the AMS, use of the AMS, or access to the AMS to any third party. 8. Security Issues or Unauthorized Transactions. You should contact us at once if you believe your AMS User ID or password has been compromised. 9. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other AMS Users or with any persons who have not consented to receive such communications from You. We reserve the right to immediately terminate the user account of any AMS User who sends unsolicited email to other AMS Users based on information available to Users through the AMS. In addition, you may be subject to provincial or state and/or federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us. 10. No Hacking. If you use, or attempt to use the AMS for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of AMS, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 11. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Advisor Mailout with a correct and operational e-mail address. Advisor Mailout will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Advisor Mailout of any change in your e-mail or postal mailing address. 12. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the AMS ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the AMS and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Advisor Mailout reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Advisor Mailout of your decision to do so, by sending an email message to support@advisormailout.com or by telephoning Advisor Mailout Support. If you revoke your consent to receive Communications electronically, Advisor Mailout may terminate your right to use the AMS. 13. Privacy. The terms of our Privacy Policy shall govern the collection, use and distribution of information related to you. You agree that you have had an opportunity to review, download or print our Privacy Policy. 14. WARRANTY DISCLAIMER. THE AMS IS PROVIDED "AS IS," AND YOUR USE OF THE AMS IS AT YOUR OWN RISK. ADVISOR MAILOUT DOES NOT MAKE, AND HEREBY DISCLAAMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ADVISOR MAILOUT DOES NOT WARRANT THAT THE AMS WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. 15. LIMITATIONS OF LIABILITY. ADVISOR MAILOUT WILL NOT BE LIABLE TO YOU FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF ADVISOR MAILOUT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. ADVISOR MAILOUT'S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAYABLE BY YOU TO ADVISOR MAILOUT HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD. You acknowledge that Advisor Mailout has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose. 16. Miscellaneous. This Agreement is made under and will be governed by and construed in accordance with the laws of the Province of Alberta without regard to the principles of conflicts of laws. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of Advisor Mailout. Any attempted assignment or delegation without such consent will be void. Advisor Mailout may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Advisor Mailout and You are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Advisor Mailout and You. Neither Advisor Mailout nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

End User License Agreement

Advisor Mailout Services End User Agreement 

THIS END USER AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ADVISOR MAILOUT.  BY INSTALLING AND CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "CANCEL" BUTTON.  

This Agreement (the "Agreement") applies to your use of the Advisor Mailout Services ("AMS"), which includes Advisor Mailout's services available on this website and any related products. This Agreement affects your rights and you should read it carefully. 

The words "you" or "your" in this Agreement means any person or entity utilizing the AMS ("AMS Users"). Unless otherwise stated, "Advisor Mailout" will refer collectively to Mailout Interactive Inc. and its respective parent or subsidiary companies, affiliates, officers, employees and agents. 

By using the AMS as an Email Disburser you represent that you understand and accept the terms and conditions set forth in this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and any amendment shall be effective and binding upon you 10 days after it is published. If there is any conflict between the terms of this Agreement and your ASP Services Agreements, the terms of the ASP Services Agreements shall govern. 

1. Eligibility. In order to use the AMS, you must enroll with Advisor Mailout as an Email Disburser and agree to the terms and conditions of this Agreement.  You agree that you will use the AMS only for lawful personal, business or governmental purposes.  You will receive an AMS User ID and be required to establish a password upon enrolling in the AMS.  You are responsible for maintaining the confidentiality of your AMS User ID and password and are fully responsible for all actions that are taken under your AMS User ID.  You may not divulge your AMS User ID or password information to anyone else, nor may you use anyone else's password. Advisor Mailout is not responsible for losses incurred by AMS Users as the result of their misuse of User IDs or passwords.

2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Advisor Mailout has the right to terminate your use of the AMS and Advisor Mailout, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Advisor Mailout and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration. 

3. Services.  Subject to the terms and conditions of this Agreement, Advisor Mailout shall provide the AMS to You.  Advisor Mailout hereby reserves all other rights in the AMS.  You shall not reverse engineer or otherwise attempt to derive source code from the use of the AMS.  Subject to Advisor Mailout's rights in the AMS and all materials provided by Advisor Mailout, You will retain all rights in any reports, databases, or other materials created by You using the Software.  The AMS will be subject to the restrictions in this Section 3.  The AMS allows You to set up user accounts and related user identification numbers ("User IDs") and passwords.  You may allow any person designated by You to use the AMS (each, an "End User"), however, in the event You designates End Users other than Your employees, the use of the AMS by such non-employee End Users will be subject to such End User agreeing to (by "clicking through" on-line or other suitable means determined by ASP) this end user agreement.  You may have only as many User IDs activated at any one time for the AMS as the number of End Users for whom You have paid. A User ID will be deemed activated when the End Users logs in to the AMS.

4. AMS Use. By using the AMS, you attest that you do not provide unlawful or illicit products or services. You will not use the AMS, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. You agree that except to make send emails using the AMS, you will not use any information about other AMS Users that is provided by the AMS.  If Advisor Mailout has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the AMS, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with Advisor Mailout to investigate any suspected unlawful, fraudulent or improper activity.

5. Additional Restrictions. Advisor Mailout, at its sole discretion, reserves the right to restrict your use of the AMS in the event that Advisor Mailout determines, in its sole discretion, that your use of the AMS is inappropriate.  Reasons that Advisor Mailout may determine that your use of the AMS is inappropriate include, but are not limited to, the following:
1. Unconfirmed identity or incorrect registration/enrollment information 
2. You have used the AMS to commit or to facilitate fraudulent activity
3. You have used the AMS to send spam emails
4. You have used the AMS in violation of privacy or other laws and regulations

6. Fees. AMS Users are responsible for paying all fees associated with the use of the AMS under the AMS enrollment process on or before the due date for such fees.

7. No Resale of AMS.  Your right to access and use the AMS is personal to you and subject to the usage license as provided under this Agreement.  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the AMS, use of the AMS, or access to the AMS to any third party.

8. Security Issues or Unauthorized Transactions.  You should contact us at once if you believe your AMS User ID or password has been compromised. 

9. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other AMS Users or with any persons who have not consented to receive such communications from You. We reserve the right to immediately terminate the user account of any AMS User who sends unsolicited email to other AMS Users based on information available to Users through the AMS. In addition, you may be subject to provincial or state and/or federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us. 

10. No Hacking. If you use, or attempt to use the AMS for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of AMS, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

11. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Advisor Mailout with a correct and operational e-mail address. Advisor Mailout will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Advisor Mailout of any change in your e-mail or postal mailing address. 

12. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the AMS ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form.  Electronic Communications may be posted on the pages within the AMS and/or delivered to your e-mail address.  You should print a copy of any Communications and retain it for your records.  All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.  Advisor Mailout reserves the right but assumes no obligation to provide Communications in paper format.  Your consent to receive Communications electronically is valid until you revoke your consent by notifying Advisor Mailout of your decision to do so, by sending an email message to support@advisormailout.com or by telephoning Advisor Mailout Support.  If you revoke your consent to receive Communications electronically, Advisor Mailout may terminate your right to use the AMS.

13. Privacy. The terms of our Privacy Policy shall govern the collection, use and distribution of information related to you. You agree that you have had an opportunity to review, download or print our Privacy Policy. 

14. WARRANTY DISCLAIMER. THE AMS IS PROVIDED "AS IS," AND YOUR USE OF THE AMS IS AT YOUR OWN RISK.  ADVISOR MAILOUT DOES NOT MAKE, AND HEREBY DISCLAAMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ADVISOR MAILOUT DOES NOT WARRANT THAT THE AMS WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

15. LIMITATIONS OF LIABILITY.  ADVISOR MAILOUT WILL NOT BE LIABLE TO YOU FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF ADVISOR MAILOUT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  ADVISOR MAILOUT'S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAYABLE BY YOU TO ADVISOR MAILOUT HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD.  You acknowledge that Advisor Mailout has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties.  The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.  

16. Miscellaneous.  This Agreement is made under and will be governed by and construed in accordance with the laws of the Province of Alberta without regard to the principles of conflicts of laws.  In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.  The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.  You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of Advisor Mailout. Any attempted assignment or delegation without such consent will be void.  Advisor Mailout may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.  Advisor Mailout and You are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Advisor Mailout and You.  Neither Advisor Mailout nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.  This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.