Terms of Service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

This is a website owned by SnapEngage, LLC.

If you have any comments or questions you may address them to our customer service department at [email protected], by telephone at +1 (303) 647-9222 or via mail addressed to SnapEngage Customer Service, SnapEngage, at 1722 14th St., Suite 220, Boulder, CO 80302, USA.

  1. Acceptance of Terms of Service (the “Terms of Service” or “Terms”). SnapEngage.com (the “Website”) is a service of SnapEngage, LLC (“SnapEngage”). By accessing and using the Website or any of the SnapEngage proprietary online conversational platform and web-based software application hosted by SnapEngage (“Software”) and related services described in this Agreement (such access, use and support services are referred to, collectively, referred to herein as the “Service” and excluding any services provided to you by SnapEngage under a separate written agreement), you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE, THE SOFTWARE OR SERVICE IN ANY MANNER. SnapEngage reserves the right to limit or terminate your access to the Website or the Service if you do not comply with these Terms of Service.
    You must be at least 13 to use the Website, the Software or the Service. If SnapEngage discovers through reliable means that you do not meet this minimum age requirement, SnapEngage will terminate your access. If you are viewing our Website to sign up as a customer (“Customer”), on sign-up or Customer account (“Account”) creation you may be requested to enter into an agreement with SnapEngage (“Agreement”). That Agreement may contain additional privacy disclosures and obligations. If there is any conflict or inconsistency between the Agreement and this Privacy Policy, the Agreement prevails.
  2. Notification of Changes. SnapEngage reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service, the Service, the Website, or the Software at any time, with or without notice to you. Please check these Terms of Service periodically for changes. You will be provided the option to terminate your use of the Service or the Website, if the Terms of Service is modified in a manner substantially impacting your rights in connection with use of the Website. Your continued use of the Website or the Service after the posting of any changes to the Terms of Service will be deemed to be your agreement to those changes.
  3. Personal Information and Privacy. Your election to use the Website or the Service indicates your acceptance of the terms of our Privacy Policy that is available at http://snapengage.com/privacy (the “Privacy Policy”).
    You are solely responsible for maintaining the confidentiality of your Account and other sensitive information. You are solely responsible for all activities that occur in your Account and you agree to notify SnapEngage immediately of any unauthorized use of your Account at [email protected] SnapEngage is in no way responsible or liable for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
  4. Communications from SnapEngage. Account use of the Service may include certain email communications from SnapEngage for operational, marketing or administrative purposes (such as alerting you of content changes you subscribe to receive, notifying you of major Website changes or for customer service purposes). You understand that these communications shall be considered part of using the Service.
  5. Restrictions on Use of the Service.
      1. Content You Post to the Website. You may engage in chats and share messages with other users through the Website and the Service. By using the Website, the Service, or the Software, you agree not to record, upload, post, transmit, cause the display, playback or performance of, or otherwise make available any content that:
        1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
        2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
        3. is illegal;
        4. is tortious, defamatory, libelous or invasive of another’s privacy or publicity rights;
        5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
        6. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
        7. you do not have a right to make available under law or contractual or fiduciary relationships;
        8. includes private information of any third-party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
        9. bears any false, disguised or misleading origin;
        10. is advertising, solicitations or promotional material; or
        11. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

          All messages, information, videos or other content, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you record, upload, post, cause a display, playback or performance of, email, transmit or otherwise make available via the Website, the Service or the Software.  SnapEngage reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Website, the Service or the Software and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU RECORD, UPLOAD, POST, CAUSE TO BE DISPLAYED, PLAYED BACK OR PERFORMED IN ANY AREAS OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITE,THE SERVICE, OR THE SOFTWARE PROVIDED THEREBY.

      2. Prohibited activities. You may not use the Website, the Service, or the Software to do any of the following:
        1. provide any service without prior written permission.
        2. harass or advocate harassment of another person or entity;
        3. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
        4. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
        5. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
        6. link to any third-party sites without their prior written permission;
        7. transmit unsolicited mailings or “spam;”
        8. collect or store any information about other users or members, other than in the normal course of using the Website, the Service or the Software for their intended purpose of facilitating voluntary communication among users;
        9. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.  
        10. You may not do any of the following to the Website, the Service or the Software:
          1. use the Website, the Service or the Software in any manner that could damage, disable, overburden, disrupt or impair the Website, the Service or the Software or any SnapEngage server, or the network(s) connected to any SnapEngage server, or interfere with any other party‘s use and enjoyment of the Website;
          2. disobey any applicable policies or regulations of networks connected to the Website;
          3. modify, adapt, translate or reverse engineer the Website, the Service or the Software;
          4. use any robot, spider, site search/retrieval application, or other devices to retrieve, index or interface with any portion of the Website, the Service or the Software;
          5. frame the Website or reformat it in any way; or
          6. create user accounts using any automated means or under false pretenses; or
          7. use the Website, Service, Software or any content therein to create a competing service.
  6. No Responsibility for Third-Party Content. You understand that the Service acts only as a technical interface between users and that SnapEngage does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to SnapEngage. SnapEngage cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.  You understand that you may be exposed to content that you find offensive to you, and that you use the Service at your own risk.
  7. Interstate and International Use. Users in the European Union consent to the collection and processing of personal information, as described in these Terms of Service, in the United States. All users understand the potential cross-border nature of communications made using the Website, and acknowledge that using the Website may result in interstate and international transmission of data. 
  8. License and Confidential Information. You acknowledge and agree that SnapEngage (or SnapEngage’s licensors) owns all legal right, title and interest in and to the Website, the Service, and the Software, including, but not limited to any and all intellectual property rights in and to the Website, the Service, and the Software (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  If you or any of your employees or contractors sends or transmits any communications or materials to SnapEngage by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website, the Service, and the Software, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), SnapEngage is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback.  You hereby assigns to SnapEngage on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and SnapEngage is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although SnapEngage is not required to use any Feedback.  Unless you have expressly agreed otherwise in writing with SnapEngage, nothing in the Terms gives you a right to use any of SnapEngage’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features and SnapEngage reserves all such rights not expressly granted to you herein.  Other than the limited license set forth in Section 9,SnapEngage acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that SnapEngage has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Website, Service or Software.
  9. Content License. You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give SnapEngage a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, transmit and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling SnapEngage to maintain, operate and provide the Service.  This license includes no rights for SnapEngage to make such content available to other companies, organizations or individuals without your permission. You confirm and warrant to SnapEngage that you have all the rights, power and authority necessary to grant the above license.
  10. Copyright Information. COPYRIGHT NOTICE: Copyright © 2008-2020 SnapEngage, LLC All Rights Reserved.
  11. Copyright Policy. In addition to any other use restrictions set forth in these Terms of Service, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SnapEngage to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner’s legal agent.
  12. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SnapEngage’s Copyright Agent the following information:
      1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the Website;
      4. your physical and email addresses and telephone number;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

        SnapEngage’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows by mail:

        Copyright Agent
        c/o SnapEngage, LLC
        1722 14th St., Suite 220, Boulder, CO 80302, USA

  13. Third-Party Web Sites, Services and Content. The Website, Service or Software may contain links to third-party sites that are not under the control of SnapEngage, and SnapEngage is not responsible or liable for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that SnapEngage endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SnapEngage is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party site on the Website. In addition, links to advertising that has not been approved by SnapEngage may be embedded in third party content displayed on the Website. SnapEngage is not responsible or liable for any content, cookies, web beacons, or other technology used in connection with such advertising.
    1. Provisions Relating to Google Services. SnapEngage users log into their accounts and access their contacts through Google. Your use of Google through the Website or the Service requires your acceptance of the privacy policy and the terms and conditions of those services. SnapEngage, and not Google, is responsible for the SnapEngage Service. Ownership of the Google services resides with Google. SnapEngage is in no way affiliated with Google.
  14.  Disclaimer of Warranties and Limitation of Liability. SnapEngage disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in or from the Website, the Service or the Software. SnapEngage disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any content, information or other material. SnapEngage disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website, the Service or the Software.  THE WEBSITE, THE SERVICE, AND THE SOFTWARE ARE PROVIDED “AS IS” “WHERE IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, SNAPENGAGE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SNAPENGAGE DOES NOT REPRESENT OR WARRANT TO YOU THAT:
      1. YOUR USE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
      2. YOUR USE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
      3. AND, ANY INFORMATION OR CONTENT OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE WILL BE LEGAL, ACCURATE, RELIABLE OR OF A QUALITY THAT MEETS YOUR EXPECTATIONS.  TO THE FULLEST EXTENT PERMITTED BY LAW, SNAPENGAGE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, THE SERVICE, OR THE SOFTWARE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE, THE SERVICE, OR THE SOFTWARE. SNAPENGAGE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE, THE SERVICE, OR THE SOFTWARE.  SNAPENGAGE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SNAPENGAGE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, THE SERVICE, OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, OTHER DEVICE OR DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SNAPENGAGE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SNAPENGAGE OR ITS LICENSORS BE LIABLE TO ANY USER OF THAT USER’S USE OR MISUSE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR RELIANCE ON THE WEBSITE, THE SERVICE, OR THE SOFTWARE. SNAPENGAGE DISCLAIMS ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SNAPENGAGE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, THE SERVICE, OR THE SOFTWARE, FROM INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, THE SERVICE, OR THE SOFTWARE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, THE SERVICE, OR THE SOFTWARE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE WEBSITE, THE SERVICE, OR THE SOFTWARE OR TO SNAPENGAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER CONTENT. YOU AGREE THAT SNAPENGAGE’S ENTIRE LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, THE SERVICE, OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT OF THE MOST RECENT ONE MONTH SERVICE FEE PAYMENT OR TEN ($10) US DOLLARS, WHICHEVER IS LOWER. UNDER NO CIRCUMSTANCES SHALL SNAPENGAGE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, VIRUS, PANDEMIC (INCLUDING COVID-19 AND THE LIKE) TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. UNDER NO CIRCUMSTANCES WILL SNAPENGAGE BE RESPONSIBLE OR LIABLE FOR ANY CHARGES YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD, PAYPAL OR GOOGLE CHECKOUT ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
  15. Indemnity. You agree to indemnify, defend, and hold SnapEngage and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Website, the Service  the Software; your connection to the Website, the Service or the Software; your violation of the Terms of Service or Privacy Policy; or your violation of any rights of other users of the Website, the Service or the Software. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.
  16. Termination or Modification; Consequences of Violation of Terms of Service. SnapEngage reserves the right to terminate your privilege to use the Website, the Service or the Software at any time for any reason. In addition, SnapEngage shall have the right but no obligation to:
        1. remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Service;
        2. terminate a Website discussion or any other portion of the Website, the Service or the Software and/or remove a user or users from a discussion or otherwise terminate any use of the Website, the Service or the Software if SnapEngage determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Service;
        3. inform law enforcement of any illegal activity or material SnapEngage suspects or discovers on, through, or otherwise relating to the Website, the Service or the Software and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

          SnapEngage reserves the right from time to time to modify or discontinue, temporarily or permanently, the Website, the Service, the Software (or any part thereof) at any time. You acknowledge that SnapEngage may from time to time upon prior update to the Terms of Service, change the services offered, including, without limitation, limits concerning use of the Website, the Service, the Software. SnapEngage reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Website, the Service, the Software including for services that SnapEngage may have previously offered without charge. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time SnapEngage requires a fee for any of the Website, the Service, the Software you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, SnapEngage shall have the right to cease providing Website, the Service, the Software access to you.

  17. Taxes. All fees and other amounts payable by you under the Terms or any agreement with SnapEngage are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on SnapEngage’s net income.
  18. General Information. The Terms of Service, the Privacy Policy and any applicable guidelines posted on the Website constitute the entire agreement between you and SnapEngage, govern your use of the Website, the Service and the Software and supersede any prior agreements between you and SnapEngage relating to your use of the Website, the Service and the Software (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy). By accessing the Website, the Service or the Software, you agree that the statutes and laws of the United States and the State of Colorado, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Colorado, USA. The failure of SnapEngage to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties. Intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect. If any provision of these Terms of Service are determined to be invalid or unenforceable, such provision will to the extent possible be deemed amended by limiting and reducing it to the minimum extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall continue to be valid and enforceable and will be liberally construed to carry out the provisions and intent hereof. SnapEngage may freely assign these Terms of Service and any agreements with you and any of its rights or obligations hereunder without your consent and without notice.  You may not assign these Terms of Service or any agreement with SnapEngage or any of your rights or obligations hereunder without SnapEngage’s express written consent. Any purported assignment or delegation in violation of this section will be null and void. No assignment or delegation will relieve you of your obligations hereunder. Except to the extent forbidden by this section, these Terms of Service or any agreement with SnapEngage will be binding upon and inure to the benefit of the respective successors and assigns of the parties. The invalidity or unenforceability of any provision of these Terms of Service in any jurisdiction will not affect the validity or enforceability of such provision in any other jurisdiction, nor will the invalidity or unenforceability of any provision of these Terms of Service with respect to any person affect the validity or enforceability of such provision with respect to any other person. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Terms of Service or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Service are for convenience only and have no legal or contractual effect.
  19. For SnapEngage customers in the European Union. SnapEngage offers European Union (“EU”) customers the ability to store content on EU servers. If you are a SnapEngage customer in the EU and you wish to store your content on EU servers, you must contact SnapEngage at [email protected] with the subject line [EU storage]. After confirming with SnapEngage that you are set up for your content to be stored on EU servers, you must also log-in each time using the https://eu.snapengage.com/signin link. Failure to use that link may result in your content being stored elsewhere.
  20. NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Terms of Service Updated: April 3, 2020