These Terms of Service ("Terms") apply to your access to and use of the Really Good Emails services. Your access to and use of the Really Good Emails services is conditioned on your acceptance of and compliance with the Terms. By accessing or using Really Good Emails you agree to be bound by these Terms, and you recognize and agree that this is a legally binding agreement between you and Really Good Emails.1. User Eligibility
To use the services offered by Really Good Emails through our site, you agree that you are 13 years of age or older, that, if a member of the Really Good Emails site, you have registered with Really Good Emails using your real name, and that we have not previously restricted you from using the Really Good Emails site.2. Privacy
You are responsible for your actions on the Really Good Emails site, for any content you post to the Really Good Emails site, and for any consequences thereof. By submitting content to the Really Good Emails site you grant us an unlimited, royalty-free, sub-licensable, irrevocable license to use, copy, display, and make derivative works of any content you provide to us through our site.
You agree to follow all applicable laws while using the Really Good Emails site. You agree that Really Good Emails is not liable for any loss or damage arising from your failure to comply with the above. We may restrict or prohibit your access to the Really Good Emails, and the contents of the site, in our sole discretion. By allowing your access to the site, we are not obligated to perform any services displayed or discussed on the site for you. You agree that you are not using this site as a substitute for professional advice of any kind, but only for informational purposes.4. Payment
If payment is required for you to use the Really Good Emails site, or you pay for Really Good Emails services through the site, you agree to pay us the applicable fees and taxes. You authorize us to store and continue billing your payment method even after it is expired, to avoid interruptions to your use of the Really Good Emails site and to facilitate easy payment for new services we may offer from time to time. We will provide you an invoice through the email address you provide upon processing of any payment to us.
If you fail to pay fees due, or Really Good Emails is unable to secure timely payment, we may terminate your access to the Really Good Emails.5. Content on ReallyGoodEmails.com and Your Rights
All content provided by any user of the Really Good Emails site is the sole responsibility of the person who originated such content. We have the right to monitor or control the content. We may execute such right in our sole discretion, but we have no responsibility to exercise such right. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted using the Really Good Emails site, and you agree that under no circumstances will Really Good Emails be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Really Good Emails site.
As between you and Really Good Emails, you retain ownership the content and information that you submit or post to the Really Good Emails site, and you agree to grant us a non-exclusive, worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through Really Good Emails site without any further consent, notice and/or compensation to you or others. You agree that you will limit the content you provide to the site to content that does not violate the law, or the rights of any third party.6. IP Infringement
Really Good Emails policy is to respond promptly to any claim that content posted on the Really Good Emails site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Really Good Emails will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Really Good Emails site.
To notify Really Good Emails of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Really Good Emails to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
If we remove or disable access to any content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected content. If you feel that your content is not infringing, you may provide Really Good Emails with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable Really Good Emails to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
B. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement
Really Good Emails has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under that Act. Really Good Emails reserves the right to remove any user content that allegedly infringes another person’s copyright. Really Good Emails will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright. Notices to Really Good Emails regarding any alleged copyright infringement should be directed to Really Good Emails via email at: email@example.com.
C. Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
D. Filing a DMCA Counter-Notice to Restore Content Removed from the Really Good Emails site
If you believe that your material has been removed by mistake or misidentification, please provide Really Good Emails with a written counter-notification containing the following information:
We give you permission, which may be revoked at our sole discretion, to display a link to Really Good Email site, provided that such link does not engage in “deep-linking,” “framing,” “in lining,” as those terms are understood in industry practice, or any other practice that may be construed as harmful to Really Good Emails in our sole discretion.
Any links to third party sites displayed on the Really Good Emails site are to be used at your own risk, and you explicitly agree that you will not hold us liable in any way for your use of such third party sites. Really Good Emails does not support, endorse, or warrant the accuracy or legitimacy of these third party sites, and any use of such sites may be governed by other terms and conditions, which you should review before using such sites.8. Our Rights
All right, title, and interest in and to the Really Good Emails site (excluding content provided by users) are and will remain the exclusive property of Really Good Emails and its licensors. The services provided by Really Good Emails are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Really Good Emails name or any of the Really Good Emails trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Really Good Emails or the services we provide, including the Really Good Emails site, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We have the right to limit how you use the Really Good Emails site. Additionally, we have the right to restrict, suspend, or terminate your account if we believe you are misusing the site in any way. Each of these rights may be exercised in our sole discretion.9. No Warranty and Limitation of Liability
The following section should be read carefully, as it limits Really Good Emails’ liability, and the liability of its employees, officers, directors, agents, representatives, and partners (“Agents”). The language below only applies up to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of liability. If this is the case for your jurisdiction, the following content may not apply to you.
To the maximum extent allowed under law, Fathom & Draft, LLC, DBA Really Good Emails, and its agents disclaim all implied warranties and representations, including but not limited to warranties of merchantability, fitness for a particular purpose, and noninfringement. Really Good Emails and its Agents do not guarantee that the Really Good Emails website will not function without errors or interruptions. All services provided by Really Good Emails are provided on an “as-is” and “as available” basis.
To the maximum extent permitted by law, Really Good Emails and its Agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from your access to or use of or inability to access or use the Really Good Emails site; any conduct or content of any third party that is using the Really Good Emails site; any content obtained from the services; or any unauthorized access, use or alteration of your content on the Really Good Emails site.
In no event shall Really Good Emails or its Agents aggregate liability exceed the greater of the amount you paid Really Good Emails for use of the Really Good Emails site, or $500.00.
The limitations above shall apply to any theory of liability, including, without limitation, those based on warranty, contract, or statute, and whether or not Really Good Emails has been informed of the possibility of such damage, and even if these remedies fail their essential purpose.
You agree to indemnify, defend and hold harmless Really Good Emails, including Really Good Emails Agents, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, whether in contract, tort or otherwise, arising out of or related to the Really Good Emails site, anything displayed on the site, or your breach of any obligation, warranty, representation or covenant set forth in these Terms.11. Termination
Really Good Emails or you may terminate these Terms at any time with notice to the other. Upon termination, you will lose access to and use of the Really Good Emails site. The provisions of these Terms that were meant to survive termination, including, but not limited to Sections 9 and 10, shall so survive.12. Miscellaneous
Merger. These Terms, along with all applicable attachments, state the full agreement between the parties and supersede all prior negotiations and agreements. We may, in our sole discretion, revise these Terms from time to time. If such revisions are material, in our sole opinion, we will notify you of the revisions.
Waiver. The failure of Really Good Emails to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Severability. If any provision of these Terms is illegal or unenforceable, that provision is severed from the Terms and the other provisions remain in force.
Choice of Law. This Agreement is to be governed and construed in accordance with the laws of South Carolina, without regard to its conflict of law principles. The parties agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Greenville, South Carolina and the parties hereby consent and submit to the exclusive jurisdiction of the state or federal courts located therein for the purposes of litigating any such action. In the event of a dispute between the parties, the prevailing party is entitled to collect its attorneys’ fees and expenses from the other party.13. Contact Us
If you have any questions, comments, or concerns about these Terms or the attached documents, contact us at firstname.lastname@example.org.