This contractual agreement is between you and sigbop, LLC, a Delaware limited liability company, and its affiliates (collectively, "sigbop," "we," "us," or "our") governs your use of any sigbop services or software (the "Service") whether via the Internet or any wireless device. By using or accessing the Service, you confirm that you agree to these terms and conditions, which may be revised from time to time without notice. If you do not agree to these terms and conditions, as revised, don't use the Service. Your failure to comply with the provisions set forth herein may result in the termination of your sigbop account and may expose you to civil and/or criminal liability.

  1. Your Use of the Service.

    When using the Service, you must comply with all of the terms and conditions of this contract and all applicable laws.

    You must not: use the Service in any form of spam or unsolicited mail; impersonate any person or entity or provide false information; damage, disable, overburden, or impair the Service; resell or redistribute the Service or any part of it; use any unauthorized means to modify, redirect, or access to the Service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by sigbop, or metasearching) to access or use the Service. You will be able to, and will be able to enable others to, access third-party websites or services via the Service; you acknowledge that we are not responsible for such websites or services or content or links or graphics that may be accessed.

  2. Your Account.

    You are solely responsible for the information, data and content inputted, uploaded or posted to your account, including, without limitation, its accuracy in all respects and the maintenance thereof. Only you may use your sigbop account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf. If you suspect misuse of your accounts or any security breach in the Service, you must immediately change your password and take all necessary steps to secure your account. You are responsible for all activity that takes place with your Service account and any associated accounts.

    If a third party, such as an employer, gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's information, content, usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.

  3. No Warranty.

    We provide the Service "as is," "where is," "with all faults," and "as available." Your use of the Service is at your own risk. sigbop assumes no liability and does not guarantee anything, including, without limitation, the accurate or timely performance of the Service or any updates you may make using the Service. Furthermore, sigbop does not guarantee the Service will be uninterrupted, timely, secure, or error-free, or that content or data loss will not occur. We and our affiliates, agents and distributors give no express warranties, guarantees, or conditions. WE EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, COMPLETENESS, RELIABILITY, OPERABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NONINFRINGEMENT, AND TITLE. Only new users are granted a one-time, thirty day money back guarantee. After thirty days that offer expires. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

  4. Liability Limitation

    Under no circumstances shall sigbop be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, any content posted on or via the Service, or conduct of any user or recipient of the Service, whether online or offline. You can recover from sigbop and its affiliates, agents and distributors only direct damages up to an amount equal to the amount you paid for the Service for the month in which your direct damage(s) occurred. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OR RECEIPT OF ANY COMMUNICATION USING THE SERVICE.

    The limitations and exclusions apply to anything related to this contract, for example:

    • The Service, including, without limitation, its accurate performance.
    • The distribution of inaccurate or incomplete information.
    • Loss of data.
    • Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the Service.
    • Viruses or other disabling features that affect your access to or use of the Service.
    • Incompatibility between the Service and other services, software, and hardware.
    • Delays or failures you may have in starting or completing transmissions in connection with the Service in an accurate or timely manner.
    • Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including, without limitation, negligence or breach of statutory duty); or misrepresentation.

    The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

  5. Content.

    Except for material that we license to you, we do not claim ownership of the content you provide or any third party provides using the Service. Your content remains your content. The content of any third party (such as content associated with a favicon) remains the third party’s content. We also do not control, verify, or endorse the content that you and others make available on the Service.

    You acknowledge that you have no expectation of privacy in using the Service and no confidential, fiduciary, contractually implied or other relationship is created between you and sigbop by reason of your use of the Service. sigbop cannot review the content made on or through the Service. However, sigbop reserves the right, but has no obligation, to monitor the Service and edit, modify or delete any communications (or portions thereof) using the Service, which sigbop in its sole discretion deems inappropriate, offensive or contrary to any sigbop policy, or that violate this Agreement.

    All content that you upload, post, publish or make available through the Service will, at your discretion, be publicly available. Therefore, you agree that such content is shared content and you have rights to and have granted the public free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate such content. If you do not have those rights or do not want others to have those rights, do not use the Service and do not share such content.

    You understand that sigbop may need, and you hereby grant sigbop the right, to use, modify, adapt, reproduce, distribute, and display content uploaded, posted, published or made available by or on the Service to the extent reasonably necessary to provide the Service in any way and in any media whether now known or invented in the future, with or without attribution.

    You represent and warrant that you have all the rights necessary for you to use any third party’s content and your use of such content doesn't violate any law. If you share content on the Service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you hereby agree to indemnify sigbop and hold sigbop harmless for such infringement or violation. In no event shall sigbop pay for any content (your content or that of any third party). sigbop may remove content from the Service at any time if you breach this contract or if we cancel or suspend the Service. In the event the Service and/or your account is cancelled or suspended, any transmission that accessed content using the Service (e.g., a signature block or favicon) will no longer be functional or available.

    If your Service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. You should expect that any data that is deleted will be irretrievable.

  6. Privacy.

    If you use the Service you must first read and agree to the sigbop Privacy Policy, located at www.sigbop.com/PrivacyPolicy.aspx In order to operate and provide the Service, you provide and store some of your information with sigbop. As part of the Service, we may also automatically install some cookies on your computer, upload information about your computer, track and monitor Service performance, and monitor and track your use of the Service, including, without limitation, gather information about the number of button clicks and whether messages are opened and by whom. We use and protect that information as described in the sigbop Privacy Policy, taking reasonable steps to protect the security and integrity of all personally identifiable information you provide in using the Service; however, due to the inherent nature of the Internet, sigbop cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

    We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of sigbop or its customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of sigbop employees, customers, or the public.

    sigbop operates the Service for the benefit of itself and its customers. sigbop retains the right to block or otherwise prevent delivery of any type of communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the Service.

  7. Software License; Terms.

    In connection with the Service, you may receive software from us. Its use is governed by the terms of this contract. We reserve all other rights to the software. We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, improve, monitor, track the performance of, and further develop the Service.

    Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that is included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.

    The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

  8. Amending the Contract.

    We may amend this contract from time to time without notice. If we choose to give notice, however, it may be by posting it on the Service or by any other reasonable means. If you do not agree to the change, we are not obligated to keep providing the Service, and you must cancel and stop using the Service before the change becomes effective. Otherwise, the new terms will apply to you.

  9. Changes to the Service; Cancellation.

    We may change or discontinue the Service or delete features at any time for any reason, in our sole and absolute discretion. A particular version or feature of the Service may be a prerelease version (e.g., a beta) and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.

    We may cancel or suspend the Service and your access to the Service at any time without notice and for any reason. Our reasons for cancellation may include, without limitation, that we stop providing the Service or that you breach this contract, fail to sign in to use the Service for a certain period of time (i.e., keep your account active) or do not pay fees that you owe to us or to our agents. If your Service is canceled, your right to use the Service stops immediately. Cancellation of the Service or credentials will not alter your obligation to pay all charges, if any, made to your billing account. If we cancel the Service in its entirety without cause, we will refund to you on a pro-rata basis any payments that you have made based on the portion of your Service that would otherwise remain.

    You may cancel the Service at any time and for any reason. Some charges may apply. Sections 3 (No Warranty) and 4 (Limitation of Liability) will survive any termination of this contract.

  10. Payments to sigbop.

    1. Cooling off period. When you request a for-fee service from us, you agree that we may begin to provide such service immediately and that you will not be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period despite your waiver and even when a service starts right away. You may cancel the Service only as provided in Section 10(h).
    2. Charges. When you are paying for a Service, this Section 10 applies if you pay us directly. Even if the service itself is free, you may still incur charges incidental to using the Service, for example, charges for connectivity or data transmission.
    3. Payment. You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the ordered Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while this contract is in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the difference for recurring subscription services. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the for-fee Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term.
    4. Updates to your billing account. You must keep all information in your billing account current. You can access and modify your billing account on the sigbop website. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the for-fee service, we may cancel that service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
    5. Trial period offers. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the service.
    6. Prices and price increases. The price stated for the for-fee Service excludes all taxes and connectivity charges, unless stated otherwise. You are responsible for any taxes and for all other charges (for example, connectivity charges and currency exchange settlements). We will notify you in advance if we change the price of the Service by posting such changes on the Service or by any other reasonable means. If there is a specific term and price for your service offer, that price will remain in force for that term. After the offer period ends, your use of the Service will be charged at the new price. If your Service is for a stated term or period (for example, monthly) with no specific length, we will notify you of any price change at least 20 days in advance. If you do not agree to these changes, you must cancel and stop using the Service before the changes take place. If you cancel, your Service ends at the end of your current Service period or, if we bill your account on a term basis, at the end of the period in which you canceled.
    7. Refund policies: Unless otherwise specifically provided by law or by a particular Service offer, all charges are earned when received and are nonrefundable, and the costs of any returns will be at your expense.
    8. Canceling the service: You may cancel the service at any time, with or without cause, by emailing support@sigbop.com. Go to the sigbop website for information on canceling your service. Some Service offers may require you to pay cancellation charges as stated in the materials describing the offer. Your cancellation of the Service will not alter your obligation to pay all charges made to your billing account.
    9. Late payments: Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of one percent and one-half (1.5%) of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.

  11. Media Elements and Templates.

    When using the Service, you may have access to media images, clip art, animations, sounds, music, video clips, templates, and other forms of content ("media elements") provided with the software available as part of a service associated with the software. Subject to the terms and conditions of this contract (e.g., third party content and intellectual property rights), you may copy and use the media elements in projects and documents. You may not: (i) sell, license, or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your recipients rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with you, your product, entity or activity; or (iv) create obscene works using the media elements.

  12. Notices; Copyright and Trademark.

    1. Notices under this agreement to sigbop shall be sent by first-class US Mail, postage prepaid, certified, return receipt requested (delivery signature required) to: sigbop, LLC, PO Box 339, Neptune, NJ 07754, Attention: Director of Customer Care, with a copy to Attention: Chief Operating Officer. Notices shall be deemed received ten (10) business days after mailing by first-class US Mail.
    2. All contents of the Service are Copyright © 2012 sigbop, LLC and/or its agents or suppliers, Neptune, New Jersey, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Service and content. All sigbop products and services are the service marks, trademarks or registered trademarks of sigbop, LLC in the United States. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this contract are reserved. All rights reserved.
    3. sigbop has designated an agent to receive notices of claims of copyright infringement:

      sigbop, LLC
      Attn: Copyright Compliance
      PO Box 339
      Neptune, NJ 07754
      Email: notice@sigbop.com

    If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication. sigbop may give notice to our users that we have received a notice of infringement by means of a general notice via the Service, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records.

    We reserve the right to terminate access to the Service to anyone who infringes the proprietary rights of any third party.

  13. Advertising; Revenue Generated from the Service.

    sigbop may deliver advertisements in or via the Service or otherwise generate revenue from your use of the Service (including, without limitation, from click-throughs). You acknowledge and agree that you have no rights to receive any compensation or remuneration whatsoever with respect to any revenue generated from the Service or your use of the Service. In the event the Service contains links or pointers to websites of third parties, such links or pointers do not constitute an endorsement by sigbop of any third-party site or any materials contained therein. sigbop does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

  14. Support.

    Customer support is not offered for the Service, unless the materials we publish in connection with a particular service specify that it is.

  15. Age Restrictions.

    You represent and warrant to sigbop that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement.

  16. Indemnity.

    You agree to indemnify and hold sigbop, its subsidiaries and affiliates, and their respective directors, officers, shareholders, members, managers, agents, partners and employees, harmless from any loss or liability arising out of your use of the Service or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or the Privacy Policy and/or if any content that you post using the Service that causes sigbop to be liable to another.

  17. Miscellaneous

    1. Interpreting the contract. All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, the court is authorized to replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract will not change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain. Other terms may apply when you use or pay for other sigbop services. The contract's section titles do not limit its terms.
    2. Assignment and transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.
    3. No third-party beneficiaries. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
    4. Claims. Claims must be filed within six (6) months. You must bring any claim related to this contract or the Service within six (6) months of the date you could first bring the claim. If it is not filed in time, the claim is permanently barred.
    5. Notices. You may notify us as stated in Section 12(a) of this agreement. We do not accept email notices. This contract is in electronic form. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a sigbop website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Service.
    6. No Waiver; Severability. Failure by sigbop to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
    7. Non-U.S. Visitors and Users of the Service. If you are located outside of the United States, please note that the information you provide to sigbop via the Service will be transferred to the United States. By using the Service, you consent to this transfer and consent to the choice of law and venue.
    8. Choice of law; Venue. The laws of the state of New York govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles. You and sigbop irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in State and County of New York, New York, USA, for all disputes arising out of or relating to this contract.