Master Subscription Agreement for Symbolscape Marketing Technology Services

THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF SYMBOLSCAPE MARKETING TECHNOLOGY SERVICES.

1. Agreement between user and Symbolscape

1.1 Welcome to Symbolscape Inc. Marketing Technology Services. The Symbolscape Inc. (“Symbolscape”) websites (the “Site,” “Sites,” “associated Sites,” or “Symbolscape” ) are comprised of various web pages and digital services operated by Symbolscape which include “AutoRepairTech” “Webscape,” “Scapewerks,” “Channelscape,” and “Stackscape” (collectively “Symbolscape Marketing Technology Services” or “Symbolscape MTS”) located at digital properties including symbolscape.marketingautomation.services, channelscape.co, symbolscape.com, autorepairtech.co and any other website or page owned by Symbolscape and offered to you by Symbolscape as a business solution (collectively, the “Sites”, “Site”, “associated Sites”, or “Symbolscape”). Symbolscape services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Symbolscape MTS and Symbolscape’s Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 1.2 Symbolscape and associated Sites are a Digital Marketing, Content Marketing, Marketing Analytics and Marketing Automation Solution for Businesses. The purpose of Symbolscape’s Sites are to provide Businesses with a Digital Marketing, Marketing Analytics and Marketing Automation solution.

2. Symbolscape Account Registration

2.1 You may register with Symbolscape (“Symbolscape Account”) in order to use Symbolscape’s Services or Sites. You are required to provide accurate and complete information. If we cannot verify the accuracy of the information, we may prohibit or limit your use of Symbolscape’s Sites, or eliminate your account. Symbolscape enables both business and individuals to register for a Symbolscape account. 2.2 With regard to businesses or other entities, you are only permitted to enroll and register on Symbolscape’s Sites if you have the authority to enter this agreement on behalf of the business. By accepting the terms of this Agreement, you are agreeing on behalf of the business (“Business“).

3. Businesses' Relationship with Symbolscape

Symbolscape provides Digital Marketing Services, Marketing Analytics and Marketing Automation Solutions for Businesses. Symbolscape facilitates the collection and analytics of customer data on your behalf. The collection of information is between the Business and the customer and Symbolscape is not an intermediary.

4. Privacy

Your use of Symbolscape MTS and associated Sites are subject to Symbolscape’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

5. Electronic Communications

Visiting Symbolscape’s Sites or sending emails to Symbolscape constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site or Sites, satisfy any legal requirement that such communications be in writing.

6. Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of California (without giving effect to conflicts of law principles thereof). Any litigation arising out of or relating to this Agreement will be brought in the federal and state courts located in Santa Clara County, California, and the parties hereby consent to the personal jurisdiction and venue therein.

7. Your account

7.1 If you use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Symbolscape is not responsible for third party access to your account that results from theft or misappropriation of your account. Symbolscape and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 7.2 Symbolscape does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Service or Sites only with permission of a parent or guardian.

8. Paying Subscription

8.1 If you elect to pay for a Symbolscape MTS subscription, you authorize Symbolscape to charge the stated fee among any applicable sales tax to the payment method that you provided at the time of purchase. The fee amount charged will be displayed when in conjunction with collecting billing and payment information on the website. In addition, if you elect automatic billing, you give Symbolscape the right to charge or bill the existing fee amount when your subscription term ends. The Subscription amount may be charged by Symbolscape for new Subscription Terms upon 30 days’ prior notice to you via email or posting on any of Symbolscape’s Sites. 8.2 Your Symbolscape MTS will automatically renew at the end of each Subscription Term. At the time of renewal, Symbolscape will charge the billing information or send a bill consistent with the information that you provided on the activation date.

9. Cancellation/Refund Policy

9.1 You are solely responsible for properly canceling your account. You can manage your account at the My Account page. An email or phone request to cancel your account is not considered a cancellation, unless and until confirmed by Symbolscape. 9.2 If you cancel the service before the end of your current paid up contract, your cancellation will take effect immediately and you will not be charged again. However, you will be responsible for paying the full contract period in which the cancellation takes effect. 9.3 Symbolscape, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Symbolscape service, for any reason at any time. Such termination of the Service will result in the deactivation or removal of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Symbolscape reserves the right to refuse service to anyone for any reason at any time.

10. Links to third party sites/Third party services

10.1 The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Symbolscape and Symbolscape is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Symbolscape is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Symbolscape of the site or any association with its operators. 10.2 Third party sites and organizations deliver certain services made available via the Sites. By using any product, service or functionality originating from the Symbolscape MTS or associated Sites, you hereby acknowledge and consent that Symbolscape may share such information and data with any third party with whom Symbolscape has a contractual relationship to provide the requested product, service or functionality on behalf of Symbolscape users and customers.

11. Modifications to the Service and Prices

Symbolscape reserves the right to modify these terms of service, modify or discontinue the Service with or without notice. Prices of all services, including but not limited to monthly subscription plans to the Service are subject to change upon 30 days notice from us. Such notice may be provided in any manner at any time.

12. No unlawful or prohibited use/Intellectual Property

12.1 You are granted a non-exclusive, non-transferable, revocable license to access and use Symbolscape MTS and associated Sites strictly in accordance with this Agreement. As a condition of your use of the Site, you warrant to Symbolscape that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 12.2 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Symbolscape or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 12.3 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Symbolscape content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Symbolscape and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Symbolscape or our licensors except as expressly authorized by these Terms.

13. Use of communication services

13.1 The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 13.2 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 13.3 Symbolscape has no obligation to monitor the Communication Services. However, Symbolscape reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Symbolscape reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 13.4 Symbolscape reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Symbolscape’s sole discretion. 13.5 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Symbolscape does not control or endorse the content, messages or information found in any Communication Service and, therefore, Symbolscape specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Symbolscape spokespersons, and their views do not necessarily reflect those of Symbolscape. 13.6 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

14. Materials provided to Symbolscape Inc. Marketing Technology Services or posted on any Symbolscape Site

14.1 Symbolscape does not claim ownership of the materials you provide to Symbolscape MTS (including feedback and suggestions) or post, upload, input or submit to any Symbolscape Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Symbolscape, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.

14.2 By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

15. Third Party Accounts

You will be able to connect your Symbolscape MTS account to third party accounts. By connecting your Symbolscape MTS account to your third party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

16. International Users

The Service is controlled, operated and administered by Symbolscape from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Symbolscape Content accessed through Symbolscape MTS or associated Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

17. Indemnification

You agree to indemnify, defend and hold harmless Symbolscape, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Symbolscape reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Symbolscape in asserting any available defenses.

18. Liability disclaimer

18.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Symbolscape, INC. AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 18.2 SYMBOLSCAPE INC. AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SYMBOLSCAPE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. 18.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYMBOLSCAPE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYMBOLSCAPE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

19. Termination/access restriction

19.1 Symbolscape reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. 19.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Symbolscape as a result of this agreement or use of the Site. Symbolscape’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Symbolscape’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Symbolscape with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 19.3 Unless otherwise specified, this agreement constitutes the entire agreement between the user and Symbolscape with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Symbolscape with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

20. Changes to Terms

Symbolscape reserves the right, in its sole discretion, to change the Terms under which Symbolscape MTS is offered. The most current version of the Terms will supersede all previous versions. Symbolscape encourages you to periodically review the Terms to stay informed of our updates.

21. General Terms and Conditions

21.1 Technical support is only available to paying users via email. 21.2 You understand that Symbolscape uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. 21.3 You are not permitted to change, modify, adapt, or hack the Service. 21.4 You may not sell, license, or distribute copies of the Software or as part of any collection, product, or service where the primary value of the product or service is the Software. 21.5 Symbolscape has the sole discretion to remove any content that we determine to be unlawful, offensive, threatening, libelous, or violates these terms of service. 21.6 You may not use Symbolscape to upload, post, transmit, unsolicited emails, SMS, or “spam” messages. 21.7 You may not use Symbolscape to transmit any software or viruses that are harmful to others computers. 21.8 If you significantly exceed the average bandwidth usage (as solely determined by Symbolscape) of other Symbolscape users, we reserve the right to disable your account and throttle bandwidth. 21.9 The failure of Symbolscape to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement. This Agreement expresses the entire understanding of the parties and supersedes all prior and contemporaneous agreements and undertakings of the parties with respect to the subject matter hereof. In the event any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision of this Agreement, and that provision will be replaced by an enforceable provision that most closely meets the commercial interest of the parties, or if not possible, the other provisions of the Agreement will remain in full force and effect as if such unenforceable provision were not a part hereof.

22. EXCLUSION OF DAMAGES

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA , EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Symbolscape welcomes your questions or comments regarding the Terms: Symbolscape Inc. [email protected] 1-415-800-2021 Effective as of July 1, 2019.

 

×